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Opposition repeat calls for retroactivity

Opposition MPs argued a law allowing double jeopardy in murder cases should have been made retroactive.

Last night in the House of Assembly Minister Michael Scott said it was against Bermuda's constitution to make the Court of Appeal Amendment Act retroactive.

The bill passed without any amendments which means the Department of Public Prosecutions will not be able to retry anyone found not guilty of a crime before July 2010 no matter what fresh evidence comes to light.

Opposition MP Trevor Moniz told the House of Assembly he believes that the Attorney General's interpretation was incorrect.

He believes that the constitution makes it illegal to make a new offence retroactive, but that the Government was within its rights to make amendments to the laws pertaining to offences already on the books. He said his party supported the bill and commended the Attorney General for bringing it forward, but said it did not go far enough. "There is no reason it should not be made retroactive," he said. "We think the Government has been too timid."

See Monday's Royal Gazette for more on the debate