MONDAY, NOVEMBER 2, 1987
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AG OUTLINES PUBLIC INTEREST CONSIDERATIONS
(MONDAY)
THE ATTORNEY GENERAL, MR MICHAEL THOMAS, SAID TODAY THAT CONSIDERATIONS OF THE PUBLIC INTEREST PLAY A LARGE PART IN THE PROCESS OF DECIDING WHETHER OR NOT TO BRING A CRIMINAL PROSECUTION IN INDIVIDUAL CASES.
FAR FROM BEING AN EXACT SCIENCE, THE PROCESS ENTAILED THE EXERCISE OF JUDGMENT AND DISCRETION BY THE ATTORNEY GENERAL, TAKING A WIDE RANGE OF PUBLIC INTEREST CONSIDERATIONS INTO ACCOUNT, HE SAID AT THE THIRD INTERNATIONAL ANTI-CORRUPTION CONFERENCE.
SPEAKING ON ASPECTS OF THE JUDICIAL PROCESS IN CORRUPTION CASES AS SEEN FROM THE VIEWPOINT OF AN ATTORNEY GENERAL, HE SAID THIS DISCRETION MUST BE EXERCISED IN A JUDICIAL AND NOT A HAPHAZARD MANNER, AND IN ACCORDANCE WITH CERTAIN PRINCIPLES.
HE OUTLINED SOME OF THE PRINCIPLES APPLIED AND DISCUSSED WHAT ALTERNATIVES TO PROSECUTION EXISTED.
ONE
MR THOMAS EXPLAINED THAT IT WAS ATTORNEY GENERAL, TO DECIDE WHETHER OR NOT PROSECUTION IN INDIVIDUAL CASES.
OF HIS FUNCTIONS, AS ΤΟ BRING A CRIMINAL
I
"THAT IS TO SAY, IT IS FOR ME OR, WHERE I HAVE DELEGATED THE DECISION, ONE OF MY OFFICERS TO DECIDE AT THE END OF A CRIMINAL INVESTIGATION WHETHER ANYONE SHALL BE PROSECUTED AND, IF SO, ON WHAT CHARGES.
WHO AND
"BY THE SAME TOKEN I CAN DECIDE THAT A PERSON SHALL NOT BE PROSECUTED, EVEN IF THE EVIDENCE WOULD WARRANT A PROSECUTION. THIS ENABLES ME, FOR EXAMPLE, WHERE APPROPRIATE TO GRANT AN IMMUNITY FROM PROSECUTION TO PERSONS WHO ARE WILLING TO GIVE EVIDENCE IN CORRUPTION CASES, HE SAID.
MR THOMAS SAID THE DECISION WHETHER OR NOT ΤΟ PROSECUTE WAS THE FIRST AND MOST VITAL DECISION IN THE PROSECUTION PROCESS.
THERE WERE TWO MAJOR CONSIDERATIONS IN DETERMINING THE INSTITUTION OR CONTINUATION OF CRIMINAL PROCEEDING. FIRST, WAS THE RVIDENCE SUFFICIENT? AND SECONDLY, DID THE PUBLIC INTEREST REQUIRE A PROSECUTION TO BE INITIATED?
MR THOMAS SAID: "CONSIDERATION
EVIDENCE MAY HAVE TWO STAGES.
OF THE SUFFICIENCY OF THE
"THE FIRST IS THAT IT IS NECESSARY TO CONSIDER WHETHER THE AVAILABLE AND ADMISSIBLE EVIDENCE ESTABLISHES A PRIMA FACIE CASE THAT A CRIMINAL OFFENCE HAS BEEN COMMITTED; THAT IS, ON THE BASIS THAT THE AVAILABLE EVIDENCE IS ACCEPTED WITHOUT RESERVATION BY A JURY IT COULD, ACTING REASONABLY, BE SATISFIED OF THE DEFENDANT'S GUILT BEYOND REASONABLE DOUBT. IF THIS TEST IS NOT MET, A PROSECUTION SHOULD NOT BE BEGUN.
"EVEN A