St. Kitts Nevis: The Evidence Act, passed by the National Assembly in September 2011 which took effect from January 6, 2012 seeks to among other things protect witnesses’ identity in cases where they are fearful about testifying, according to a report in the St. Kitts Nevis Observer.
Attorney General and Minister of Justice and Legal Affairs, Hon. Patrice Nisbett, told the Observer in an interview, witness intimidation was a serious cause for concern, especially in high-profiled criminal cases. He said he hopes with the protection provided to witnesses by Law, more persons would be encouraged to come forward and actually give testimony in court cases.
“There have been many cases where eye-witnesses have retracted their statements made at the preliminary inquiry, including instances where detailed statements on a particular murder then at the PIs those same witnesses subsequently indicated that they saw nothing, heard nothing and knew nothing about said murder and I submit that the main reason for this is fear,” the AG said.
The Hon. Nisbett informed that the Bill will now allow for testimony to be given through the use of technology, including video conferencing. By using that medium, he explained, it would guarantee that the appearance is virtual and the person is available to the Examining Chief and to be crossed examined by the defence. Although the Bill also allow for vulnerable witness statements to be entered into evidence in cases where it is proven that the witness had grounds to be fearful, the defendant’s right to face his accuser was not being denied.
According to the Observer, another amendment to the Act provides for the admissibility of computer generated business records such as emails and other electronic communications. The Bill also stipulates that confessions be recorded “audio-visually” or at least audio-taped.
According to the Attorney General the positive effects on and the benefits to the legal system of having an Evidence Act cannot be over emphasized. He described the legislation as contemporary, legally sound and one which has practical application for the culture within which it operates.
The enforcement of the Act came less than two weeks prior to the opening of the January Criminal Assizes where a number of murder and robbery cases are slated for trial, the Observer stated.
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