In an attempt to galvanize support against the Court of Appeal Amendment Bill which is currently before a Select Committee the PNCR has again made its objections public, saying in a statement last week that the legislation creates a new sentence of life imprisonment without conviction.
Opposition Leader Robert Corbin told Stabroek News that the party cannot remain silent on the bill because it translates to the public being unaware of what it is seeking to do. He said the bill is not helpful to the constitutional provisions of the land which says that a person is innocent until proven guilty in addition to provisions for a speedy trial.
Corbin asserts the new bill will pave the way for the Director of Public Prosecution (DPP) to continuously appeal cases resulting in a likely cycle of appeals in the country. He noted that the objections which the party had raised yet again were made before the Select Committee, adding it is intended to push the government into including the necessary amendments in the legislation. “This is not about political mileage because it cuts to the foundation rights of our citizens,” Corbin added.
The PNCR statement issued last week accused the government of running an elected dictatorship. The party said that in the present context of “our dysfunctional criminal justice system” a criminal trial could take as long as five to seven years to be completed. The party concluded that to give the DPP the power to appeal the acquittal of an accused citizen is tantamount to creating a new sentence of life imprisonment without conviction.
“The effect of this power to the DPP may have the result of a citizen being tried and acquitted, after waiting for five to seven years, based on the current performance of the courts, yet having to spend another three years in prison before the DPP’s appeal is heard in the Court of Appeal. If his acquittal was upheld in the Court of Appeal, the citizen would be freed,” the party said in the press release. It said also that the DPP can again appeal to the Caribbean Court of Justice (CCJ) and that the regional court can uphold the citizen’s acquittal and free him finally, or, order a retrial.
According to the party, based on current trends in Guyana, a retrial can take another three years. It stated that if the judge or jury in the High Court again acquits the citizen, the DPP can again appeal and the cycle described above could be repeated. “In these circumstances, a Guyanese youth charged with a criminal offence, despite having a presumption of innocence in his favour, that is, he is innocent until proven guilty, can perish in prison, without bail, for a lifetime,” the party added.
