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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.
Denham J (nem diss): Criminal law – statutory interpretation – meaning of s. 41(3) of the Criminal Justice Act, 1999, as amended – whether s. 41(3) of the Act of 1999 is repugnant to the provisions of the Constitution or incompatible with the provisions of the European Convention on Human Rights – whether s. 41(3) of the Act of 1999 amounts to a constitutional interference with the appellant’s right to the presumption of innocence – The Laws of England by the (Butterworth & Co., 1910) – presumption of constitutionality – double construction rule – knowledge of an accused is a key factor – s. 5 of the European Convention on Human Rights Act, 2003 – appeal dismissed.
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