International Court of Justice Judge Patrick Robinson Argues for “Qualification of the Rule Against Double Jeopardy” at UTech, Ja. Distinguished Lecture
His Excellency the Honourable Patrick Robinson, OJ (centre), Judge of the International Court of Justice makes a point during his UTech, Jamaica Distinguished Lecture on the topic “Qualification of the Rule Against Double Jeopardy,” held on Friday, February 9, 2018 at the Shared Facilities Building University’s Papine Campus. Seated (left) is Mrs Marcia Robinson, Acting Dean, Faculty of Law and Professor Stephen Vasciannie, CD, President, UTech, Jamaica.
The University of Technology, Jamaica (UTech, Jamaica) on Friday, February 9, 2018 hosted Judge of the International Court of Justice, His Excellency Patrick Robinson, OJ who delivered a Distinguished Lecture under the title "Qualification of the Rule Against Double Jeopardy." Judge Robinson's lecture was primarily about criminal law matters related to the rule against double jeopardy which indicates that no person should be tried more than once for the same offense.
In Jamaica, the right of an accused person not to be tried twice is entrenched in Section 16 (9) of Jamaica’s Charter of Fundamental Rights and Freedoms. To do so would violate the Principle of Double Jeopardy. Judge Robinson accepted that this is an important rule in most systems of law, and that it has constitutional law protection in Jamaica. He argued, however, that in some circumstances the rigorous application of this rule could lead to inaccurate decisions and therefore to injustice to victims of crime.
Proceeding on the basis that the criminal law needs to balance the interests of finality and accuracy, Judge Robinson recommended amendments to Jamaican law that would allow retrials in limited circumstances such as where new and compelling evidence is found. In all instances, the retrial should only be ordered by the Court of Appeal where the interests of justice require it.
He cited the Criminal Justice Act of 2003 in the United Kingdom that gives the prosecution the right to appeal in that jurisdiction. In emphasising that the recommended legislative reform must be based on the stringent criteria of new and compelling evidence, high levels of probity and in the interest of justice, Judge Robinson also cited the well-known United Kingdom case involving Stephen Lawrence, who was killed in 1993. New evidence was found 18 years after the acquittal of two accused men, who in January 2011 were both sentenced to life in prison.
In a spirited Question and Answer session following the main presentation, Judge Robinson reiterated that it was not likely that many cases would be subject to retrial, and that the reform, if implemented, would not necessarily limit the unlawful activities of "shottas" in society. It would, however, he underscored, promote the interests of victims and the wider community in having justice delivered.
A large audience comprising members of the legal fraternity, educators, students and members of the public was present to receive Judge Robinson's Distinguished Lecture. Among those present were High Commissioner of the Federal Republic of Nigeria, Her Excellency Janet Olisa, Member, Inter-American Commission on Human Rights, Mrs. Margarette May Macaulay, Former Chief Justice, The Hon. Mrs Zaila McCalla, OJ, Former Director of Public Prosecutions and former UTech, Jamaica AVP, Legal Affairs, Prof. Kent Pantry, Attorney-at-Law, Mr Richard Small, Senior Tutor Emeritas, Norman Manley Law School, Ms Dorcas White and a host of other specially invited guests.
The proceedings were chaired by University President, Professor Stephen Vasciannie, CD. Acting Dean of the Faculty of Law, Mrs Marcia Robinson delivered the vote of thanks.
A section of the audience at the Distinguished Lecture by His Excellency the Honourable Patrick Robinson, OJ (centre) held on Friday, February 9, 2018 at the Shared Facilities Building, Papine Campus.
Mrs Marcia Robinson, Acting Dean, Faculty of Law, presents a gift to HE Judge Patrick Robinson, OJ in appreciation of his well-received lecture on the topic “Qualification of the Rule against Double Jeopardy,” held on Friday, February 9, 2018 at the Shared Facilities Building University’s Papine Campus.
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