Tomana to act on wrongful convictions

Clemence Manyukwe News Editor
THE Prosecutor General, Johannes Tomana, has been given the right to initiate court action to reverse wrongful convictions when new evidence emerges following a trial to prevent the miscarriage of justice.

The changes are contained in an amendment to clause 3 of the Criminal Procedure and Evidence Amendment Bill that is before the Parliamentary Legal Committee.

“If, in the opinion of the Prosecutor-General, the accused person who has been wrongly convicted by the court, the Prosecutor General may, at any stage after conviction, make representations to the court that-(a) there is compelling evidence that exonerates the convicted person of the offence; or(b) compelling evidence incriminating a person other than the convicted person has been brought to the Prosecutor-General’s knowledge; or (c) new evidence obtained links the convicted person to a lesser offence and not to the offence for which he/she was convicted; and that the evidence referred to in paragraph (a), (b) or ( c) was not within the Prosecutor General’s knowledge at the time of the trial,” reads part of the amendment.

The Bill says upon hearing the representations of the Prosecutor-General, the court may uphold the conviction; set it aside and liberate the convicted person or make any order or give any directions it deems fit.

“If the Prosecutor-General is dissatisfied with the court’s decision in terms of subsection (3), the Prosecutor-General may appeal against such decision to a superior court. On an appeal by the Prosecutor-General in terms of subsection (4), the superior court may-confirm the decision made in terms of subsection (3); or remit the case to the convicting court for sentencing; or make such order or give such directions as it deems fit,” adds the Bill.

The reforms in Criminal Procedure and Evidence Amendment Bill seek to ensure that no one is committed to prison for crimes they did not commit.

In other countries’, accountability has been improved through holding the police and prosecutors for misconduct in criminal investigations and prosecutions leading to wrongful conviction.

Compensation is also provided for those wrongfully convicted.