AG proposes law amendment to deal with Ayers-Caesar’s cases

In a letter dated July 20, Al-Rawi said the outstanding indictable and summary matters which were part heard before Ayers-Caesar continue to be unresolved.

“The government has been urged to consider exigent legislative intervention in order to ensure the orderly disposition of these matters and prevent any further delay and/or future recurrence of such stymied progress in criminal matters due to administrative factors,” Al-Rawi said.

He said the bill seeks to expand the existing limited jurisdiction of the Director of Public Prosecutions to prefer a voluntary bill of indictment pursuant to Section 234(8) of the Indictable Offences (Preliminary Enquiry) Act, Chap 12:01 to include instances where a presiding magistrate is unable to complete or continue a preliminary enquiry for any reason.

He said the bill also seeks to create a power of another magistrate to hold a new preliminary enquiry or continue the preliminary enquiry in the interest of justice and with consent of parties.

Al-Rawi said Government was eager to proceed with the legislation and wanted input from the association as they were a valued stakeholder.

One attorney Israel Khan SC said he endorses and supported the draft bill saying it was the perfect solution.

“As a practitioner for the past 38 years at the criminal bar, I do not foresee any sensible and/or rational criminal attorney having any disagreement or legal concerns with this bill. It is a perfect bill having regard to the right of all accused to speedy justice, those who find themselves in similar positions as those of the accused in the said 54 part heard matters. I dare say that the office of the Attorney General should be commended for initiating same.

This bill needs the support of a simple majority in Parliament and it should be law upon the president signing same,” he said.