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John Barritt to table bill to give Crown right of appeal

United Bermuda Party MP John Barritt is to relaunch his bid to give the prosecution the same right of appeal as the defence in criminal cases.

Mr. Barritt is today hoping to table the Court of Appeal Amendment Act, which will mean the Crown can appeal on any ground it deems sufficient, instead of simply matters of law.

He has tabled the bill twice before and yesterday confirmed he is going to "have a third stab at it".

It comes after the Department of Public Prosecutions rejected a Police request to appeal a court ruling that saw Roger Bowen cleared of death by drunk driving on a technicality relating to the way the breath test was conducted.

Other high-profile cases people have wanted to keep open include the Kellon Hill and Rebecca Middleton murders, but Mr. Barritt yesterday said these are just some examples that happen to have made it into the public domain.

"I want to give the prosecution the same right as the defence," Mr. Barritt told The Royal Gazette yesterday.

"It means judges would get the opportunity to review the decision of a judge and decide whether there should be a retrial.

"This was highlighted in the Middleton case. The Bowen case highlighted the same thing, as did the Kellon Hill case. But I don't want to get bogged down in particular cases.

"This is a particular piece of legislation that there has come the need for. It has now been illustrated again.

"This is not a knee-jerk reaction. It's been a long-standing view of mine and the United Bermuda Party that this law ought to be amended in this way."

Giving his reaction to the Bowen case, Mr. Barritt's colleague Trevor Moniz told The Royal Gazette: "This case only confirms, yet again, the continuing and desperate need to change the law to allow the prosecution the same right of appeal as the defence in criminal cases.

"In matters such as this we need the Court of Appeal to make authoritative and binding decisions.

"My colleague John Barritt will be tabling such an amendment to the law on Friday and I trust that the PLP Government will this time support this much needed amendment."