Attorney proposes further changes to Evidence Act

A prominent member of the legal community is proposing more changes to the amended Evidence Act, to better facilitate the use in court cases of evidence captured from smart devices.

   

Attorney-at-Law Peter Champagnie, is arguing that the changes need to better reflect modern realities.

   

His comments come as the police launch a probe into an incident last weekend in Gordon Town, St. Andrew during which a woman was arrested by the police. Parts of the incidents were caught on a cell phone video.

 

Speaking on RJR's Beyond the Headlines on Monday, Mr. Champagnie said he believes the law is behind in terms of what is taking place in society.      

                     

"For instance, currently, there have been a number of amendments to the Evidence Act and part of it has to do with agreeing evidence; so in this instance, unless you have a defense council essentially agreeing that this image that was captured is in fact so, you are going to meet some serious challenges; and that is why I say we need to examine the law with a view to making sure that it is consistent with modern day trends and practices and that such a situation like that is able to be brought before the court and not be challenged," Mr. Champagnie explained. 

     

Mr. Champagnie also outlined that the public has a role to play in the system being more efficient "because the public can't, in one sense, cry injustice and 'we want justice' and there is mass protest, but the taker of that video, for whatever reason, best known to him or her, removes him or herself from the equation."

 

"So I think there ought to be an encouragement to persons to, when they capture these things on video, by use of their cellphones or other devices, that they are to come forward. There is the existence now of INDECOM...(so) there are institutions where they can freely go," he said.