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Police should be banned from using
the Wanganui Computer to vet potential jurors in trials, MPs considering a
bill that radically transforms the criminal justice system have been told. Law Society criminal law committee
member Greg King told Parliament's law and order committee that police
regularly checked the criminal backgrounds of jury panels before trials and
passed the information to prosecutors. "That can represent a gross
invasion of the privacy and the rights of citizens of His comments came during Law
Society submissions on the Criminal Procedure Bill, which would introduce
sweeping changes, including an end to the principle of "double
jeopardy". The bill allows retrials for the
same alleged offence if it can be shown an acquittal was due to perjury or
intimidation or significant new evidence comes to light. Jury verdicts will no longer have
to be unanimous, pre-trial depositions hearings will be scrapped and
judge-only trials will be allowed in cases that are complex or expected to
last more than 20 days. The number of jurors lawyers will be able to
challenge will reduce from six to four, and sequestering of juries during
their deliberations will be abolished. An end to the principle of double
jeopardy was recommended after the acquittal of Black Power member Kevin
Moore for the 1991 murder of Mongrel Mob member Robert Jillings.
It was later found Other changes in the bill follow
concern about the length of time and the cost of bringing cases to trial.
Abolishing depositions is seen as a significant saving in court time and
resources, as 92 per cent of cases proceed to trial anyway. It was during discussion on
changes to the jury system that Mr King raised concerns about police vetting.
Outside the committee, he said
police regularly vetted potential jurors for the prosecution through the
Wanganui Computer. "In our view, it's a frequent
occurrence that jury panels are screened by the police and the Crown to
ascertain whether they have any criminal convictions and that information is
relayed back to the prosecutor." |