Gov’t tables bill to allow confession of accused to be used against co-defendant

Anil Nandlall SC

The government on Wednesday afternoon tabled before the National Assembly proposed amendments which, if passed, will allow the confession of an accused to be admitted in evidence at trial, against a co-accused.

The proposed amendment stipulates, however, that where it is found by the Court that that confession may have been obtained by any means of oppression or under any circumstance to render it unreliable, it is not to be admitted into evidence against the co-accused.

The only exception allowed by the amendment, however, is where it can be proved to the Court, on a balance of probabilities that the confession, notwithstanding that it may be true, was not so obtained.