XN000022-1993-04-08 — Page 4

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THURSDAY, APRIL 8, 1993

IN DECIDING WHEN TO ENTER A NOLLE PROSEQUI, THE ATTORNEY GENERAL, WHO PERSONALLY DECIDES WHEN TO ENTER A NOLLE PROSEQUI, INTO ACCOUNT TWO FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW:

TAKES

AN ACCUSED PERSON HAS A RIGHT TO BE TRIED ONCE AND ONCE ONLY IN RESPECT OF THE SAME MATTER AND THE SAME OFFENCE;

THAT ONCE CHARGED AND BROUGHT BEFORE THE COURT THE TRIAL AGAINST AN ACCUSED PERSON LIES ENTIRELY WITHIN THE HANDS OF THE INDEPENDENT JUDICIARY.

THESE PRINCIPLES MEAN THAT NOLLES ARE ONLY VERY RARELY ENTERED MAINLY WHERE A DEFENDANT IS FOUND PHYSICALLY OR MENTALLY UNFIT TO STAND TRIAL.

IS

THE PRESENT POLICY ON NOLLE PROSEQUI IS SIMILAR TO THAT WHICH ADOPTED IN THE UNITED KINGDOM.

THE ATTORNEY GENERAL HAS RECONSIDERED HIS POLICY IN THE LIGHT THIS CASE AND THE REPORT OF MR JUSTICE KEMPSTER, BUT SEES NO JUSTIFICATION FOR ANY CHANGE.

OF

REFERENCE HAS BEEN MADE IN THE REPORT TO THE BRIEFING GIVEN BY THE ATTORNEY GENERAL, TO THE LEGCO SECURITY PANEL ON OCTOBER 30.

THE CHRONOLOGY OF EVENTS AND THE COMMENTS MADE ON THAT OCCASION BY THE ATTORNEY GENERAL WERE BASED ON THE INFORMATION THEN AVAILABLE TO HIM.

THE ATTORNEY GENERAL WAS NOT, AT THAT TIME, IN POSSESSION OF THE FULL FACTS OF THE CASE AS ARE NOW REVEALED, AFTER MANY DAYS OF HEARINGS BY THE COMMISSION OF INQUIRY AND AFTER THOUSANDS OF PAGES OF ORAL EVIDENCE.

REFERENCE IS ALSO MADE IN THE REPORT TO THE ATTORNEY GENERAL GIVING THE LEGCO SECURITY PANEL A "PRETEXT" FOR HIS ABSENCE FROM COURT ON THE MORNING OF 26 OCTOBER.

ALTHOUGH RECOLLECTIONS AS TO WHETHER OR NOT THE ATTORNEY GENERAL WAS TOLD ABOUT THE REQUEST TO ATTEND COURT DIFFER, THE REFERENCE TO THE TALK WHICH HE GAVE THAT MORNING WAS NOT INTENDED ΤΟ BE A PRETEXT OR EXCUSE.

IT WAS SIMPLY A DESCRIPTION OF THE CIRCUMSTANCES ATTORNEY GENERAL ON THAT MORNING,

FACING THE

CLEARLY, THERE WOULD HAVE BEEN DIFFICULTY FOR THE ATTORNEY GENERAL TO RUSH TO COURT HAD HE BEEN TOLD OF THE JUDGE'S REQUEST. HE HAD NO PAPERS, KNEW FEW OF THE DETAILS OF THE CASE AND HAD HAD ONLY TWO BRIEF PHONE CONVERSATIONS ABOUT THE CASE WITH THE DIRECTOR OF PUBLIC PROSECUTIONS.

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