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Supreme Court dismisses appeal concerning the constitutionality of a statute relating to witness intimidation, finding that it is not repugnant to the provisions of the Constitution since it does not interfere with an accused person’s right to the presumption of innocence or the obligation on the prosecution to establish guilt beyond all reasonable doubt.
Murray J (nem diss): Criminal law – evidence - whether any statutory provision which provides that proof of one fact in a criminal trial shall be evidence of another and distinct fact is in accordance with Constitution – s.41 of the Criminal Justice Act, 1999 – statutory interpretation – there must be limits to which a statute can specify that proof of one fact is evidence of another fact – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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