51
statements made in preparation for a prosecution at the Magistrates Court and at the District Court are not covered by section 33. Witnesses who retract their statements face little real sanction when they claim they were mislead or pressured by the Police, or their lack of education caused them to make mistakes. For similar reasons, the threat of perjury, which is difficult to establish, has little value in discouraging witnesses who deliberately weaken the effect of their evidence.
6.15 There is nothing wrong in principle with requiring a witness to make some kind of declaration, affirmation, or oath confirming the truth of this written statement and acknowledging the consequences of deliberate falsehood. The endorsement presently employed attempts to do this but is ineffectual because of the very limited circumstances in which it may be used [the great majority of serious criminal cases are tried in Magistrates Court and District Court].
6.16
Option What needs to be considered is a more effective way of protecting witness statements. At present there is no effective general offence penalising witnesses who make false written witness statements. The option is to amend section 33 to make it applicable to all written witness statements which carry an endorsement in clear terms, and are prepared with a view to criminal proceedings in any court [Magistrate, District or High Court]. The endorsement would be to the effect that a person who makes such a statement which he knows to be false or does not believe to be true shall be guilty of an offence.
6.17
To make the position absolutely clear to the potential witness, the endorsement required by section 33 might be placed at the beginning of the statement instead of at the end as at present. The effect would be to draw the attention of the witness to the requirements of section 33 from the outset.
Section 32 of the Crimes Ordinance, Chapter 200
6.18 For some witnesses, something more than a mere declaration that a statement is true [coupled with the sanctions of section 33] is required. In the case of some witnesses, particularly doubtful witnesses, it is advisable for the Police to obtain from them a sworn statement. "Doubtful witness", in this context, includes witnesses in respect of whom there is a serious risk that they may change their evidence for reasons such as their relationship with the accused or their personal interest in the proceedings. Under section 32, if any person who is "required or authorised by law" to make any sworn statement wilfully makes such a statement which he
No comments yet.
Private notes are available after approval.