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TUESDAY, JANUARY 19, 1993
"THE CONSEQUENCES OF HAVING A LEGAL SYSTEM WITH AN INDEPENDENT JUDICIARY AND WITH THE PROSECUTOR NOT HAVING TO SATISFY HIMSELF OF 100 PER CENT CERTAINTY OF CONVICTION MEANS THAT THERE WILL INEVITABLY CASES IN WHICH PROSECUTIONS WILL RESULT IN ACQUITTALS, HE SAID.
HE
**
BE
POINTED OUT THAT THERE MIGHT BE MANY REASONS FOR AN ACQUITTAL. A PROSECUTOR COULD WORK ONLY ON THE MATERIAL PRESENTED ΤΟ HIM AND DURING THE COURSE OF CROSS-EXAMINATION THE WITNESS MIGHT DEPART FROM HIS EARLIER TESTIMONY OR MIGHT REVEAL MATTERS WHICH HE HAD NOT DISCLOSED TO THE POLICE.
THERE WERE OCCASIONS WHERE A WITNESS ABSCONDED AND IF HE WAS A VITAL WITNESS THE CASE WOULD SUFFER.
IF THE PROPOSED PROSECI TION SURVIVED THIS EVIDENTIAL TEST, THR PROSECUTOR THEN HAD TO TURN TO OTHER CRITERIA, GENERALLY KNOWN AS "THE PUBLIC INTEREST CRITERIA",
MR MATHEWS SAID THERE CLEARLY COULD NOT BE HARD AND FAST RULES THAT WOULD DICTATE HOW TO JUDGE THE PUBLIC INTEREST CRITERIA. BUT AMONG SOME OF THE FACTORS TO BE CONSIDERED WOULD BE THESE:
*
WHAT WERE THE SURROUNDING CIRCUMSTANCES OF THE OFFENCE?
HOW SERIOUS WAS IT?
WHAT WERE ITS PRACTICAL EFFECTS?
*
WHAT EXTENUATING CIRCUMSTANCES WERE THERE?
*
HOW WOULD THE DECISION TO LAUNCH A PROSECUTION AFFECT OTHER PEOPLE?
HOW SERIOUS A VIEW WOULD A COURT TAKE OF THE OFFENCE IF THERE WERE A CONVICTION?
WOULD THE CONSEQUENCES OF PROSECUTION BE OUT OF ALL PROPORTION TO THE SERIOUSNESS OF THE OFFENCE OR то THE PENALTY A COURT WOULD BE LIKELY TO IMPOSE?
*
HOW LONG AGO WAS THE OFFENCE COMMITTED AND HAD THE HIMSELF ATTRIBUTED TO THE DELAY?
WAS
ACCUSED
THE OFFENDER SO YOUNG, OR SO OLD (AND POSSIBLY INFIRM) THAT A PROSECUTION COULD CAUSE DISPROPORTIONATE HARM?
* WAS THERE A
SUBSTANTIAL RISK THAT THE STRAIN OF A PROSECUTION WOULD SERIOUSLY AFFECT THE CONDITION OF THE ACCUSED?
WAS IT REALLY IN THE PUBLIC INTEREST то PROCEED AGAINST TROSE WHO WERE ONLY ON THE FRINGE OF THE OFFENCE AS WELL AS THE RING LEADERS?
IF, AFTER WEIGHING ALL THESE FACTORS IN THE BALANCE THE CASE BETWEEN PROSECUTION AND NON-PROSECUTION REMAINED EVEN, THE FINAL ARBITER HAD TO BE THE COURT, AND THE PROSECUTION SHOULD PROCEED.
/THE PROSECUTOR