The Senate also debated and passed the Protection of Witnesses Bill of 2022. That's the one that contemplates the protection of the identities of witnesses so that they would be more willing to cooperate with police and the DPP's Office.
As we've reported, the police and the crown counsels have major difficulties in convincing witnesses to provide essential evidence to convict persons accused of crimes like murder. The government thinks that this bill is a step in the right direction, and it got support from most of the senators who spoke in the debate on it. But, they had a few concerns, and here's that back and forth:
Hon. Eamon Courtenay - Leader of Government Business
"This piece of legislation seeks to put into the hands of law enforcement authorities powers which we are hoping will go a long way in bringing stronger criminal cases, and allowing cases brought to court to proceed to trial in specialized circumstances which protects witnesses and also allows for particular ways in which evidence is to be given in order that trials may be conducted. One important thing has to be stated, and that is that due process, protection of fundamental rights and freedoms must, of course, be adhered to and upheld."
Hon. Michael Peyrefitte - UDP Senator
"What I would like to caution, and I like that the bill includes the right to a fair trial in giving an anonymity order. Like me give you an example, Madam President, a very practical - this is an important bill, but it is a bill that can be abused in this way. Nobody from the defense would be able to know who is making an accusation or serving as a witness against me if I'm charged for murder, for example. And I'll tell you the dangers of that, Madam President. If they say I've committed a crime, Madam President, and it's Senator Benguche for example, or Senator Jang, I can believe that their testimony will be unbiased and truthful. But if the one person who is the witness in that trial is Senator Courtenay, man, the evidence against me might not be objective. So, my attorney will need to know the background behind the relationship because it goes to truth and veracity."
Hon. Kevin Herrera - Business Senator
"The police will be working with information that may have the identity of those persons who are witnesses to these crimes, and if they don't operate in a very professional way, Madam President, I think even before we get to the order, information will get out. And that's the only point I really wanted to make. The professionalism of the police department is extremely important."
Hon. Eamon Courtenay
"The police apply for an anonymity investigation order. It's disclosed who the witness is, and this witness needs anonymity. Somebody leaks that out, and we're able to find out who it is, that person has allowed information to come out to identify who the informant is. And therefore, the person is in contravention of the act, and it seems to me that sub-clause 4(3) can capture that scenario."
This bill passed without amendments.
