Dionne Rose, Staff Reporter
Nicholson
THE SENATE on Thursday passed the Law Reform (Notice of Alibi Evidence) Bill, which will provide for notice to be given by accused persons of the intention to introduce alibi evidence while in court.
Under Jamaican law, a person accused of having committed a criminal offence is not obliged to give any information whatsoever to the prosecution concerning the defence that he intends to present in court at his trial.
But according to Attorney General, Senator A.J. Nicholson who introduced the Bill, the legislation will address the challenges relating to the law of alibi, including difficulties faced during the investigative process.
VALUE OF EVIDENCE
The Attorney General said: "If the intention to call an alibi witness is kept secret till the very moment that the witness is to be introduced into the proceedings, the prosecution is deprived of the possibility of finding out something about him, which may be put to him in cross-examination and lessen the value of his evidence."
Opposition Senators Shirley Williams and Dorothy Lightbourne, however contended that the 14-day notice to be given by the accused person of his intention to adduce alibi evidence, was too short.
"While I do not have any problem with the concept of disclosure of an alibi, I am concerned that the notice period being 14 days after the alibi might be somewhat stringent," she said.
Both Senators suggested that the notice be extended to 21 days.
But Senator Nicholson said that this could not be done.
"... The thing is, if you put it to 21 or beyond 14 days and leave the clause that the extension can be given by the judge, you are eating into judicial time," he argued.
SANCTIONS IN THE BILL
Government Senator, Donna Scott Motley's call for sanctions to be included in the Bill to protect witnesses from being influenced by either the prosecution or the defence was accepted by the Senate.
"We similarly have to understand that we have not reached the stage in our country where when you embark upon a trial, you are embarking upon a journey to finding out the truth," she said.
"And the temptations are there and the temptations are rife for persons associated with the prosecution to attempt to influence witnesses for the defence and vice versa," she said.
Senator Nicholson said the Law Reform (Notice of Alibi Evidence) Bill is nothing new to the Carib-bean, as St. Lucia had adopted this approach since the 1920s.
