By LARA PICKFORD-GORDON Wednesday, October 28 2009

SENATE Minority Leader Wade Mark yesterday called for the amendment to the Evidence Act to be referred to a Joint Select Committee (JSC) of Parliament and the “best legal minds” allowed to give views on it. He made this suggestion while critiquing the amendment during the debate in the Senate.

Mark said Attorney General John Jeremie had stated the Law Association was consulted on the legislation but questioned if this was adequate. He said where the rights of citizens could be affected, simply debating the issues in Parliament, was not sufficient.

“It is very technical, complex and difficult to interpret. We need the best legal minds to come here before the JSC to tell us and for us to engage them in understanding the implications of this piece of legislation,” Mark said. He said the amendments proposed would take away the right of persons to cross-examine their accuser since video and audio statements will be used.

Mark raised the question of reliability of statements provided since witnesses may be coerced.

He referred to criticisms levelled against police officers in cases in the High Court and Court of Appeal. Mark said, “you are telling us in 2009 that if I give a statement to the police you don’t know under what circumstances I made that statement. Because many of them do not read to people their rights”.

Mark said the UNC could not support the proposed amendment in its current form which would make audio statements and inconsistent statements admissible. He also pointed to vague language in certain clauses.