XN000022-1986-07-30 — Page 10

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WEDNESDAY, JULY 30, 1986

THE COMMITTEE ARGUED THAT THE PRESENT COMMITTAL SYSTEM WAS NOT AN APPROPRIATE SCREENING MECHANISM AND THAT THE LENGTH AND COST OF FULL COMMITTALS WERE NOT JUSTIFIED.

THE COMMITTEE RECOGNISED THE NEED TO PROVIDE A SIMPLE SAFEGUARD FOR THE EXCEPTIONAL CASE WHERE THERE MAY NOT BE SUFFICIENT EVIDENCE TO PUT AN ACCUSED ON TRIAL.

IT RECOMMENDED THAT THE ACCUSED SHOULD BE ENTITLED TO APPLY TO A HIGH COURT JUDGE FOR A DISCHARGE ON THE GROUNDS OF NO PRIMA FACIE CASE TO ANSWER. A DISCHARGE GRANTED WOULD BE EQUIVALENT TO ACQUITTAL AT TRIAL.

MR WONG EXPLAINED THAT CHAPTER 4 OF THE REPORT RECOMMENDED THAT EFFECTIVE PRE-TRIAL PROCEDURES BE LAID DOWN IN LEGISLATION FOR COMPLEX COMMERCIAL CRIME CASES.

IN THE VIEW OF THE COMMITTEE, THESE PROCEDURES WOULD REDUCE THE DOCUMENTATION AT TRIAL AND SIMPLIFY THE ISSUES FOR THE JURY.

IN PARTICULAR, THE COMMITTEE RECOMMENDED THAT THE PROSECUTION SHOULD BE OBLIGED TO PROVIDE A DETAILED OUTLINE OF ITS CASE TO THE DEFENCE AT AN EARLY STAGE, ALONG WITH CONCISE SUMMARIES OF ALL DOCUMENTARY EVIDENCE. ONCE SUBMITTED, THE PROSECUTION COULD ONLY DEPART FROM ITS CASE STATEMENT UNDER EXCEPTIONAL CIRCUMSTANCES.

THEREAFTER, THE DEFENCE WOULD BE OBLIGED TO PROVIDE A DEFENCE OUTLINE TO THE PROSECUTION AND THE TRIAL JUDGE, SETTING OUT ITS MAIN LINES OF DEFENCE, MR WONG SAID.

UNDER THE COMMITTEE'S PROPOSALS. THE PROSECUTION WOULD BE OBLIGED TO SERVE NOTICES ON THE DEFENCE TO ADMIT FACTS AND DOCUMENTS AND THE DEFENCE WOULD BE REQUIRED TO RESPOND, SO THAT MATTERS IN DISPUTE AT TRIAL COULD BE REDUCED TO A MINIMUM.

THE DEFENCE WOULD BE REQUIRED TO SUPPLY THE PROSECUTION WITH ANY DOCUMENTARY EXHIBITS AND EXPERTS' REPORTS UPON WHICH IT INTENDS TO RELY AT TRIAL.

THE DEFENCE WOULD ALSO BE OBLIGED TO RAISE ANY POINTS OF LAW AT THE PREPARATORY HEARING. THE PREPARATORY HEARING WOULD TAKE PLACE WELL IN ADVANCE OF TRIAL AND BE SUPERVISED FROM THE OUTSET BY THE TRIAL JUDGE.

IF THE NEW PRE-TRIAL PROCEDURES WERE NOT COMPLIED WITH BY THE PROSECUTION OR DEFENCE, THE TRIAL JUDGE WOULD HAVE THE POWER TO IMPOSE COSTS.

/FOLLOWING FROM

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