AG moves for swift justice

He was piloting the Miscellaneous (Evidence Amendment Act, Larcency Amendment Act, Bail Amendment Act, Dishonoured Cheques Amendment Act, Forgery Amendment Act and Electronic Transfer of Funds Crime Amendment) Bill in the Senate yesterday.

Among other things the bill will allow the State to appeal the decision of a judge who has granted bail. Jeremie said the criminals too often abused the bail system, using the time spent on bail to eliminate and threaten witnesses and generally commit further crimes. This undermined the justice system, led to low morale among prosecutors and police, and contributed to the public fear, he said. He added that the High Court was granting bail to persons charged with kidnapping and possession of arms and ammunition, something against which Government, if it had its way, would legislate. He cited also the fact that an attorney was granted bail not withstanding the fact that he had previously absconded.

Jeremie explained that the bill would also introduce corporal punishment as one of the penalties for the crime of incest. Currently corporal punishment is also given for robbery, rape and manslaughter.

Jeremie stated that one of the reasons for the adjournment of so many cases on a daily basis was that magistrates traditionally required the complainant to attend each hearing. He said the result was that prosecuting officers got so tired of showing up at court to attend inconsequential hearings that when they were really needed they would not be present.

He said there were also difficulties with bail which resulted in habitual and dangerous criminals remaining on the streets while their cases were still pending.

He said there were also problems with the Forensic Science Centre.

Jeremie stated that together all these factors stymied the functioning of the criminal prosecution system. He said while lawyers benefited from this system because it allowed multiple visits to the courts, the public paid dearly for it.

Jeremie said it was time Mps stopped insulting each other and started using the Constitution "as a document of emancipation which it should be, and not as an instrument of destruction and social inertia, which it can be."

"Yes we have a Constitution and that constitution is our supreme law. But we should not begin by ceding its rights to criminals.... Instead of waving it as an excuse, we need to find innovative ways to enjoy our lives, our rights to liberties, our right to life and to stop the abuse of rights by the criminal elements," he said.