XN000022-1995-06-14 — Page 49

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34.

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Mr Mathews said these arrangements provided a comprehensive range of measures designed to ensure that criminal cases were heard on their merits with witnesses willing and confident to give full testimony in court.

"In order to support the rule of law we also need the co-operation of the community to come forward, report offences and give evidence in court," he said.

Mr Mathews said in the past three years, there had been three out of 2,299 cases in the High Court where defendants were acquitted because key prosecution witnesses gave evidence at the trial which was contradictory to their earlier statements. All three were murder cases.

During the same period, there were 27 out of 4,481 District Court cases where the defendants were acquitted because key witnesses for the Prosecution either suffered a lapse of memory or gave evidence in court contradictory to their earlier statements and damaging to the Prosecution's case.

End/Wednesday, June 14, 1995

"Forgetful" witnesses

Following is a question by the Hon James To and a reply by the Attorney General, the Hon Jeremy Mathews, in the Legislative Council today (Wednesday):

Question:

Will the Government inform this Council:

(a)

(b)

of the annual breakdown, by types of offences, of cases in the past three years which have resulted in the discontinuance of prosecution on account of the witnesses claiming to have forgotten details of the events or contradicting their testimony made previously; and

what measures the Government will take to prevent cases as described in (a) above so as to ensure justice and safeguard the rule of law in the territory?