XN000022-1994-02-02 — Page 38

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WEDNESDAY, FEBRUARY 2, 1994

"I WOULD ADD, FOR THE SAKE OF COMPLETENESS THAT A TOTAL 18 CONVICTIONS FOR FORGERY OFFENCES, ALL RECORDED IN 1992, WERE SUBJECT OF PARDONS BY THE GOVERNOR FOR THE SAME REASON, HE SAID,

11

OF

THE

IN THE OTHER CATEGORY OF CASES, 142 CONVICTIONS, MAINLY FOR IMMIGRATION OFFENCES, WERE QUASHED BECAUSE THE GOVERNOR'S CONSENT ΤΟ PROSECUTE HAD NOT BEEN OBTAINED, MR MATHEWS SAID.

APART FROM THESE, THE ATTORNEY GENERAL SAID HE WAS UNAWARE OF ANY OTHER CASES WHERE DEFENDANTS WERE ACQUITTED OR CONVICTIONS QUASHED THROUGH ERRORS OF LAW OR LEGAL PROCEDURES ON THE PART OF THE GOVERNMENT SUCH AS A FAILURE TO OBTAIN A NECESSARY CONSENT ΤΟ PROSECUTE, OR THROUGH A DEFECTIVE INDICTMENT OR CHARGE.

AS REGARDS CIVIL CASES, MR MATHEWS SAID 400 JUDGMENTS INVOLVING THE GOVERNMENT WERE DELIVERED LAST YEAR, OF WHICH ALL BUT 42 WERE IN FAVOUR OF THE GOVERNMENT.

LEGAL

REPRESENTATIVES,

01

"WE HAVE REVIEWED ALL 42 CASES. NONE OF THEM INVOLVED LEGAL ERROR ON THE PART OF THE GOVERNMENT'S

HE

NOTED.

MR MATHEWS SAID REMEDIAL ACTIONS HAD BEEN TAKEN BY THE LEGAL DEPARTMENT TO AVOID RECURRENCE OF SIMILAR CASES.

IN RELATION TO THE FORGERY CASES, THE DIRECTOR OF PUBLIC PROSECUTIONS ISSUED CIRCULARS TO ALL STAFF ABOUT RELEVANT LEGISLATIVE CHANGES WHENEVER THEY OCCUR, HE SAID.

HE ADDED: "IN RELATION TO THE REQUIREMENT TO OBTAIN THE

CONSENT GOVERNOR'S

ΤΟ CERTAIN PROSECUTIONS,

AND ALL PROSECUTORS

RELEVANT

AND OFFICERS IN THE POLICE, IMMIGRATION AND CUSTOMS

EXCISE DEPARTMENTS WERE INFORMED IN MARCH 1993 OF THE NEED TO OBTAIN THIS CONSENT.

FF

IN ADDITION, ARRANGEMENTS WERE MADE FOR THE GOVERNOR ΤΟ DELEGATE ΤΟ THE DIRECTOR OF PUBLIC PROSECUTIONS, THE DEPUTY CROWN PROSECUTOR AND THE SENIOR ASSISTANT CROWN PROSECUTOR IN CHARGE OF IMMIGRATION MATTERS THE POWER TO GIVE THE NECESSARY CONSENT.

ON COURT COSTS, MR MATHEWS SAID HE WAS NOT AWARE OF ANY CASES IN WHICH COSTS WERE AWARDED AGAINST THE CROWN AS A RESULT OF COUNSEL FOR THE CROWN NOT ATTENDING COURT AT THE APPOINTED TIME.

WHICH

ALSO, NO ORDERS FOR COSTS WERE MADE AGAINST THE GOVERNMENT CASES IN THE

CONCERNING THE TWO CATEGORIES OF CASES IN CONVICTIONS WERE QUASHED, HE SAID.

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