Centre for Justice backs Bar on legal reform
The Bar Council has reiterated its position that some proposed criminal legislation reforms “are a cause for concern”.
It comes after Attorney General Moniz told the House of Assembly that he had been repeatedly told by immediate past president Justin Williams the controversial reforms have the Bar’s full support.
In a statement released to The Royal Gazette, president Richard Horseman stated the Bar’s objections and concerns set out three months ago in a letter to Mr Moniz “remain the same today”.
Mr Horseman stated: “Bar Council wish to reply to the comments by the Attorney General that the proposed criminal legislation reforms had the full support of Bar Council.
“While Bar Council is in general support of the Attorney General’s push to modernise the criminal justice system, some of the specific proposals being put forward by the Attorney General are a cause for concern.”
Mr Horseman said the letter to Mr Moniz represented “not the commentary of one or two members of the subcommittee but rather a considered response by the subcommittee as a whole, and adopted by Bar Council”.
He continued: “The position of the Bar Council was set out in writing on 18 March when the response and objections of Bar Council on behalf of the Bermuda Bar Association were submitted to the Attorney General. Those objections and concerns remain the same today.
“Bar Council wishes to reiterate that it supports all attempts by the Government to modernise our criminal justice system but there are certain proposals that Bar Council does not support in its current form.”
Also yesterday, the Centre for Justice backed the Bermuda Bar Association’s position.
In a letter sent to the Senate, the group’s managing director Venous Memari said the Disclosure and Criminal Reform Act 2015 and Criminal Jurisdiction and Procedure Act 2015 could infringe the Bermuda Constitution.
The five-page letter states: “We wish to associate ourselves with the Bermuda Bar Association’s support for any reform that is aimed at improving the efficiency and effectiveness of the administration of the criminal justice system.
“However, certain provisions of the Bills potentially contravene the right to a fair hearing guaranteed by the Bermuda Constitution.
“We respectfully submit that the legislative measures in the Bills erode the fundamental rights of the citizen, therefore on this point alone, the Bills ought to be rejected.”