XN000022-1989-01-18 — Page 14

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WEDNESDAY, JANUARY 18, 1989

THE POWER TO ENTER A NOLLE PROSEQUI WAS USED GENERAL TO TERMINATE CRIMINAL PROCEEDINGS, HE SAID,

BY THE ATTORNEY

ACCUSED AND OF THE AGAINST THE ACCUSED FOR

AN ACQUITTAL ITS USE DID NOT OPERATE AS FRESH PROCEEDINGS MIGHT LATER BE COMMENCED THE SAME OFFENCE.

THIS

KONG THE ATTORNEY GENERAL MR MATHEWS EXPLAINED THAT IN HONG WAS PERMITTED BY LAW TO DELEGATE MANY OF HIS FUNCTIONS INCLUDING ONE.

THE POWER TO ENTER A NOLLE PROSEQUI HAD BEEN DELEGATED CROWN PROSECUTOR AND TO THE THREE DEPUTY CROWN PROSECUTORS.

TO THE

TO PROVIDE THE THE ATTORNEY GENERAL SAID IT WAS NOT POSSIBLE

WHETHER OR COUNCIL WITH AN EXHAUSTIVE CRITERIA ADOPTED WHEN DECIDING NOT TO ENTER A NOLLE PROSEQUI AS THE FACTS OF EACH CASE DIFFERED.

SUSPECTED

"IN GENERAL THE PUBLIC INTEREST IN SEEING THAT THOSE

MUST BE WEIGHED AGAINST THE OF CRIMINAL ACTS ARE BROUGHT TO TRIAL

DELAY OR PREJUDICE INTEREST OF AN ACCUSED TO BE TRIED WITHOUT UNDUE TO HIS DEFENCE," HE SAID.

PROSEQUI HAD BEEN ENTERED.

UNDER WHICH NOLLES

HE CITED THREE EXAMPLES OF

CIRCUMSTANCES

BECAUSE OF

PHYSICAL HIS

BUT ACCUSED

THE

WAS FIRST

WHERE

INFIRMITY, A TRIAL WOULD BE UNFAIR TO THE TIME AN ACQUITTAL WAS NOT WARRANTED.

OR MENTAL AT THE SAME

KRY WITNESS THE SECOND WAS WHERE THERE WAS INFORMATION THAT A

INTIMIDATED NOT TO ATTEND WHERE AN

TO A SERIOUS OFFENCE HAD BEEN BRIBED OR COURT TO GIVE BVIDENCE FOR THE PROSECUTION IN CIRCUMSTANCES ACQUITTAL AS A RESULT OF SUCH MISCONDUCT WOULD NOT BE INTEREST.

THE THIRD EXAMPLE WAS WHEN CHARGES WRONG COURT AND WHERE THE ENTRY OF A NOLLE MEANS OF EFFECTING JUSTICE IN THE APPROPRIATE FORUM.

IN THE PUBLIC

HAD

BROUGHT BERN

WAS PROSEQUI

THE IN THE ONLY

NOLLES PROSEQUI WERE ENTERED 49 TIMES 1987 AND 23 TIMES LAST YEAR, MR MATHEWS SAID.

IN 1986, 23

TIMES

IN

OF NOLLES PROSEQUI IN INDIVIDUAL

"I DO NOT CONSIDER IT PROPER TO DISCLOSE REASONS FOR THE

CASES, SINCE CASES

BE PREJUDICIAL: HOWEVER RESURRECTED, AND SUCH DISCLOSURE COULD WELL THE GROUNDS ON THESE OCCASIONS HAVE VARIED AND HAVE INCLUDED CASES OF THE KIND TO WHICH I HAVE ALREADY REFERRED," HE ADDED.

CAN

ENTRY BE

+

14.