Baillieu Government to reform double jeopardy laws

A Victorian Liberal Nationals Coalition Government will reform the law of double jeopardy so that a new trial can be held where new and compelling evidence becomes available that a person acquitted of a serious crime was in fact guilty.

The law would apply in cases including where there was new and compelling DNA evidence, where the person acquitted subsequently admitted to the crime or where key witnesses admitted they had given false evidence.

The Walsh Street police shootings would be one case where an application could be made for a retrial under the new law, based on alleged admissions by various parties.

The legislation would be based on model legislation approved by the Council of Australian Governments (COAG) in 2007, which the Brumby Government has refused to adopt.

“John Brumby’s soft-on-crime refusal to reform double jeopardy laws means that criminals are escaping punishment and victims don’t get justice,” Shadow Attorney-General Robert Clark said today.

Under a Baillieu Government, the Director of Public Prosecutions could apply to the Court of Appeal for a new trial to take place based on the new evidence placed before the court.

The Court could then order a new trial if satisfied that under the circumstances it was in the interests of justice to do so.

New South Wales, Queensland and South Australia have already legislated to modify the double jeopardy law to allow retrials in such cases, as have England and New Zealand.

“Double jeopardy laws prevent a person from being tried more than once for the same alleged offence, and have in most cases performed a valuable role in protecting an innocent citizen against being the subject of multiple prosecutions and provided certainty and finality in the justice process,” Mr Clark said.

“However, there are occasions where a retrial should be allowed, when it becomes clear through compelling evidence not available at the time of trial that it is highly likely that the acquitted person is guilty, or where it is established that the original acquittal was based on a perversion of the course of justice such as perjury or the bribery or intimidation of a juror.

“A Baillieu Government would ask the Victorian Law Reform Commission to inquire into and advise on the detailed implementation of the reforms, with that inquiry to also look at implementing similar reforms to enable convictions to be reconsidered when new and compelling evidence indicates a person has been wrongly convicted,” Mr Clark said.