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TUESDAY, JANUARY 12, 1993
COMMISSION OF INQUIRY APPOINTED
THE GOVERNOR IN COUNCIL HAS APPOINTED MR JUSTICE MICHAEL KEMPSTER TO CONDUCT AN INQUIRY INTO THE CIRCUMSTANCES LEADING TO THE DECISION BY THE PROSECUTION TO OFFER NO EVIDENCE IN A RECENT MURDER TRIAL, A GOVERNMENT SPOKESMAN ANNOUNCED TODAY (TUESDAY).
OF
THE COMMISSION, APPOINTED PURSUANT TO SECTION 2
THE COMMISSIONS OF INQUIRY ORDINANCE, WILL ALSO INQUIRE INTO THE WITNESS PROTECTION OFFERED TO THE KEY WITNESS IN THAT PARTICULAR CASE AND THE EXISTING ARRANGEMENTS FOR THE PROTECTION OF PROSECUTION WITNESS GENERALLY.
THE COMMISSION WILL INQUIRE WHY THE PROSECUTION, INSTEAD OF DECIDING TO OFFER NO EVIDENCE, DID NOT ENTER A NOLLE PROSEQUÍ.
"UNDER SPECIAL CIRCUMSTANCES, A NOLLE PROSEQUI MAY BE ENTERED BY THE PROSECUTION TO TERMINATE CRIMINAL PROCEEDINGS, BUT IT DOES NOT OPERATE AS AN ACQUITTAL AND PROCEEDINGS MAY BE RECOMMENCED AFRESH FOR THE SAME OFFENCE. TO OFFER NO EVIDENCE IN A TRIAL WILL RESULT IN ACQUITTAL OF AN ACCUSED, AND PROCEEDINGS CANNOT BE RECOMMENCED, THE SPOKESMAN EXPLAINED.
MR JUSTICE KEMPSTER'S TERMS OF REFERENCE ARE:
(A)
(B)
TO INQUIRE INTO THE CIRCUMSTANCES LEADING TO THE DECISION TO OFFER NO EVIDENCE IN THE CASE OF R V NGUYEN VAN-BAU (HIGH COURT CRIMINAL CASE NO. 291 OF 1991)
AND, IN PARTICULAR
(I)
-
TO INQUIRE WHY, INSTEAD OF DECIDING TO OFFER NO EVIDENCE, THE PROSECUTION DID NOT ENTER A NOLLE PROSEQUI OR DID NOT MAKE FURTHER ATTEMPTS TO ADJOURN THE CASE;
(11) TO INQUIRE INTO THE ADEQUACY OR OTHERWISE OF THE WITNESS PROTECTION ARRANGEMENTS MADE OR OFFERED ΤΟ THE WITNESS BUI VAN-XUAN AND, IF APPROPRIATE, ΤΟ DESCRIBE OTHER ARRANGEMENTS THAT MIGHT REASONABLY HAVE BEEN MADE OR OFFERED TO HIM; AND
TO INQUIRE INTO THE ADEQUACY OR OTHERWISE OF EXISTING ARRANGEMENTS FOR THE PROTECTION OF PROSECUTION WITNESSES AND, IF APPROPRIATE, TO MAKE RECOMMENDATIONS AS TO HOW SUCH ARRANGEMENTS SHOULD BE IMPROVED.
THE COMMISSION IS REQUIRED TO REPORT TO THE GOVERNOR ON THE MATTERS SET OUT IN PARAGRAPH (A) ABOVE WITHIN EIGHT WEEKS OF THE DATE OF APPOINTMENT, AND ON THE MATTERS SET IN PARAGRAPH (B) ABOVE WITHIN FOUR MONTHS OF THE DATE OF APPOINTMENT.
MR JUSTICE KEMPSTER, WHO DURING FEBRUARY AND MARCH 1992 CONDUCTED AN ENQUIRY INTO AN INCIDENT AT THE SHEK KONG DETENTION CENTRE FOR VIETNAMESE MIGRANTS, WILL BEGIN HIS INQUIRY ON FEBRUARY 1,
1993.
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