T&T moves to admit audio, video evidence in court

The Government of Trinidad and Tobago introduced legislation Tuesday to prevent witness-tampering and to ensure that witnesses in criminal cases don't change their testimony.

Attorney General John Jeremie piloted the Evidence Amendment Bill. Some of its provisions includes:

• measures to end threats and intimidation of witnesses
• the acceptance of audio and video recordings of voluntary statements of all prosecution and defence witnesses
• audio-visual statements and/or confessions from the accused
• the right of judges to use recorded statements "in the interest of justice"
• admissibility of evidence of previous convictions
• admissibility of recorded statements if a witnesses changes testimony

Independent Senator Dana Seetahal endorsed the measures, saying the bill necessary for effective prosecution.

She agreed with Jeremie that the bill requires only a simple majority to pass because it does not breach any of the entrenched rights in the Constitution.

She said, "We need this bill to save the criminal justice system," noting that too many cases have collapsed because witnesses have been either intimated or killed. And many others go to court and change critical testimony or forget details provided in earlier statements.

"I have been involved in so many cases where that happened," Seetahal said.

But opposition Senator Wade Mark described the legislation as "dangerous, lynch mob legislation" arguing that the bill infringed on the fundamental rights of the citizen and therefore needed a special two-thirds majority.

He claimed that the bill also deprives persons of the right to confront their accusers and to cross-examine.

"You are telling me you would take an unsworn statement to the trial and when I say that the statement was made under duress, the legislation is saying that statement would be taken on board as the gospel?" Mark asked.

He added: "This is a fundamental departure from how we do business. This is banana type legislation...That my lawyer will not be able to cross-examine the witness who accuses me because he is fearful. Individuals are going to be prosecuted and persecuted under this law. And you want us to support that in a society which has respect for the rights of the citizen?"

Mark noted that while the United Kingdom and Canada allows video evidence they don't accept audio tapes because "in video tape evidence you can see my lawyer there, my mother there, the interrogator there, and you can see my body language, my demeanour, my nuances, so you can tell whether I am under threat," he said.