[Greens-Media] Justice denied with fall of double jeopardy rule

[Alison Orme]

MEDIA RELEASE - 6 September 2006

Justice denied with fall of double jeopardy rule 

Greens MP and justice spokesperson Lee Rhiannon said government plans to knock over the double jeopardy rule are designed for electoral gain and will do nothing to make our communities safer. 

“Overturning the double jeopardy rule runs the risk of innocent people being jailed and criminals walking free,” Ms Rhiannon said. 

“This government, with the opposition’s compliance, has developed an unhealthy habit of lightly discarding fundamental justice principles which are the mark of a civilised and fair society.

 “Scrapping this 12th century rule, which prevents people being tried again after acquittal, will undermine a cornerstone of our justice system. 

“Since Labor took power in 1995 law and order has become the single most legislated policy area.

“The Labor government, with the support of the Coalition, has overturned the presumption in favour of bail, majority verdicts, the right to peaceful assembly, judicial discretion in sentencing and the principle of no detention without trial.

“Changing the double jeopardy rule will allow governments to repeatedly pursue a prosecution for a terrorism offence for political gain. 
 
“Eroding the rule risks reducing the quality of police investigations because authorities know they can have another go later.

“A decline in the quality of investigations and prosecutions may allow guilty people to walk free because it removes the pressure to build the strongest case possible in the first instance.

“Juries at a retrial may also feel obliged to convict a person because the new evidence is said to be fresh and compelling, regardless of whether it is or not. 

“This risks innocent people being sent to jail, all in the name of a bidding war between the major parties in the lead up to the March 2007 election,” Ms Rhiannon said. 


For more information:  - 0427 861 568 or 9230 3551



Alison Orme
Adviser, Greens MLC Lee Rhiannon (p/t Tues, Wed and alternate Mons)
Macquarie St, Sydney 2000
Tel: +61-2-9230 3551 Fax: +61-2-9230 3550
Mobile: 0432 332 104
Email alison.orme at parliament.nsw.gov.au 
Web www.leerhiannon.org.au