Double jeopardy rule

Tuesday, 17 October 2006
Double jeopardy rule: Greens try damage control

Greens MP and justice spokesperson Lee Rhiannon said the Greens will move to restrict the reach of the government’s radical changes to NSW’s double jeopardy laws due to be debated in the NSW Upper House today.

“The Greens’ amendments will stop the new double jeopardy laws applying retrospectively and limit the time within which a retrial can be ordered to five years after a person is acquitted,” Ms Rhiannon said.

“The Greens completely reject Iemma’s double jeopardy reforms as a disaster for justice in NSW, but believe we should take all steps to at least limit the damage they could cause to innocent people.

“The amendments stop the new double jeopardy laws applying retrospectively to people acquitted before the new laws commence.

“The Greens also seek to impose a time limit within which the prosecution can apply for a retrial of five years from the date of acquittal because finality is a critical aspect of the criminal justice system.

“Without this time limit, innocent people who are accused and acquitted of a crime would never be able to rest easy and get on with their life.

“The government has also introduced a linked bill with the double jeopardy reforms that will establish Innocence Review and DNA Review Panels to assist prisoners who have been found guilty to prove their innocence.

“The Greens have a long history of defending prisoners’ rights and support a review mechanism to help establish wrongful conviction. But we believe the government’s model is fundamentally flawed and a cynical attempt to deflect criticism over its double jeopardy reforms.

“Only prisoners convicted before the new laws commence can apply to prove their innocence, and the panel system will cease operating after 7-10 years.

“Prisoners can only challenge their conviction using DNA, whereas the state can justify a retrial on a wide range of evidence as long as it is fresh and compelling.

“Premier Iemma will be long remembered for the dubious honour of moving to make NSW the first jurisdiction in Australia, and one of the first in the Western World, to discard century old double jeopardy laws,” Ms Rhiannon said.