Prominent Attorneys Weigh In on Prosecutorial Appeal

A defense attorney and former prosecutor, Caroline Hay, is backing the government’s proposal to give the prosecution the right to appeal cases.

Ms. Hay says what is being proposed would only allow the prosecution to appeal in certain circumstances.

She says this would not affect the principle of double jeopardy in the law, which prevents a person from being tried twice for the same crime.

However, Hay warns that the prosecution would have to establish any new evidence was not available at the time of the trial. She says if the new evidence would’ve been available with reasonable diligence, the judge wouldn’t allow a new trial.

Defense attorney Peter Champagnie says he supports some of the grounds for appeal, but has an issue with others.

He also points out that the majority of recent legislation has been pro-prosecution.

He says this doesn’t bode well for justice.

Meanwhile, Ms. Hay says she’s concerned about the delay in justice that would likely result from the prosecution being able to appeal.

She says the court system would need to be improved so that cases can be processed much faster.