(Trinidad Express) President George Maxwell Richards has proclaimed “The Administration of Justice (Indictable Proceedings) Act 2011” in a move to end preliminary enquiries in the local courts.
The Act was proclaimed last week.
The Sunday Express was reliably informed that this Act also paves the way for a number of high-profile cases which have dragged on in the local courts to be dismissed.
The Sunday Express understands that some parts of the 35-clause Act came into force on August 31 while other parts will come into effect on January 1, 2013.
The Sunday Express was told the President’s proclamation was gazetted on August 30.
The Act, which aims to repeal and replace the Preliminary Enquiry Act and provide for a system of pre-trial proceedings relating to indictable offences and other related matters, was one of three brought to Parliament by Justice Minister Herbert Volney.
The Act bears a controversial clause—Section 34(2).
It states: “On an application by the accused, a Judge shall discharge an accused if the proceedings were instituted prior to the coming into force of this Act and the trial has not commenced within seven years after the proceedings were instituted, except—
(a) in the case of matters listed in Schedule 6; or
(b) where the accused has evaded the process of the Court and the trial on indictment has, for that reason, not commenced.”
Diego Martin North/ East MP Colm Imbert told the Sunday Express yesterday that he found this provision “extremely dangerous”.
“It is almost unheard of to have a limitation on indictable offences in the Commonwealth. It’s just not done,” he said.
He said while the Parliament was debating abolishing preliminary enquiries, that clause “came out of the blue”.
He told the Sunday Express it will affect money laundering cases.
