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PEOPLE
IN JEOPARDY
The Premier of New South Wales, Bob Carr, is urging a national
law reform to get rid of a centuries-old law concerning double jeopardy.
Simply the law means you cant be tried twice for the same
crime even if damning new evidence comes to light.
This may sound ludicrous but imagine if somebody came forward with
video footage of O.J. Simpson actually stabbing his ex-wife to death
he could not be charged.
Or if Azaria Chamberlains body was found in a trunk in Lindys
attic the same double jeopardy protection would apply.
Once tried and acquitted for a crime you cannot be re-tried. And
some people argue that is how it should be. But in these days of
DNA tests old crimes are being solved.
Double jeopardy is in the news for two different reasons today.
That convicted child rapist Clint Rex Betteridge cant be tried
in Australia for sex offences in Cambodia because hes already
been tried and convicted in absentia over there.
And then theres the case of Raymond John Carroll who was
convicted of the rape and murder of a little girl thirty years ago
but was acquitted on appeal. He was then convicted of perjury but
the High Court freed him on the grounds of Double Jeopardy.
A woman has now come forward and claims that she saw Carroll near
17-month-old Deidre Kennedys home on the night of the abduction
and murder.
Carroll has always claimed he was in South Australia on an RAAF
training course that night when Deidre Kennedy was murdered and
her body thrown on top of a toilet block in Ipswich Queensland.
Nothing can be done about the damning evidence because of Double
Jeopardy.
Monday, February 10, 2003
©Copyright
Derryn Hinch 2002
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