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John Barritt explains why he withdrew Court of Appeal amendment bill

Progress was made even though his court of appeal amendment bill was withdrawn, Opposition Minister John Barritt believes.

The Shadow Minister for legislative reform had proposed the Court of Appeal Amendment Act 2009. Had it received support, it would have given prosecutors the same rights to challenge decisions in the Court of Appeal as defence lawyers.

The bill would have been retroactive if the Court of Appeal deemed it appropriate. The veteran MP said: "It was debated but we did not proceed to a vote. I said I would hold it over until we dealt with what Government was proposing with its Court of Appeal Amendment Act 2010.

"I was concerned that a defeat of my bill would mean that Government could not proceed with its bill in this session, in accordance with the relevant rule of the House and I didn't want to see neither bill succeed.

"As it turned out, Government succeeded with its bill which was not retroactive and limited in its application to only certain offences e.g. murder. As Government succeeded with its bill, I understood that under the rules I might not be able to then proceed with my bill. Not surprisingly, the Speaker so ruled and I had to withdraw my bill."

The bill was withdrawn on Monday in the House of Assembly. Mr. Barritt explained why he felt it was important to move forward with his bill.

"I deliberately proceeded to introduce my bill and keep it on the order paper to keep the issue at the forefront and prompt Government into action as I was aware that there was cross-party support, in principle, for what I was proposing i.e. the right of appeal for the prosecution in cases of acquittal.

"I also had to work within the rules of the House. While I was unable to succeed completely, I was pleased that there was some progress and I go forward on the basis that we have at least established the principle which can in future be extended and strengthened by further legislative amendment."

He continued: "As someone who toils in the Opposition and puts forward amendments on a fairly regular basis, I have come to accept that half a loaf is always better than none.

"Bear in mind that I first introduced the bill in 2003, identical to Court of Appeal Amendment Act 2009, when it was flat-out rejected by the PLP Government and I was vilified and called all manner of things, including racist, for proposing it in the first place."

The Court of Appeal Amendment Act 2010 was passed in the House on Monday. It allows for people acquitted of murder and premeditated murder to be tried again if new and compelling evidence comes to light.