January 6: Chief Justice of England and Wales Lord Bingham today advocated establishment of a body, independent of government and courts, which will investigate cases of miscarriage of justice.He was delivering the Sir Dorab Tata Memorial lecture on `Justice and Injustice' at Tata Theatre, Mumbai. Eminent jurist Nani Palkhiwala presided over the function. Lord Bingham said ``an independent body, properly staffed and adequately funded'' was a safeguard against miscarriages of justice, as it can rerefer cases to the courts which in its opinion deserve further consideration.
The ``independent body'' specified by Lord Bingham is part of his seven-point agenda to reduce the scope for committing injustice. He said the subject of injustice and wrongful conviction is a matter of debate from the ``beginning of the century to the millennium we are about to embark.''
Lord Bingham said all concerned in the criminal investigation process, be them scientists, prosecutors, advocates, witnesses, or jurors, must have adetached and unprejudiced mind. ``The greater the sense of public outrage which a crime may have aroused, the greater the need for detachment and objectivity.''
Lord Bingham said if the case rests on eyewitness evidence of identification, or a confession which has been retracted or challenged, it should be rigorously scrutinised.
He said trial judges must conduct trials with complete even-handed fairness towards the prosecution and accused. He said appellate courts should be ready to exercise full powers if doubts of miscarriage of justice are raised. Even when fresh evidence is not available and even when original trial is tainted by legal misdirection, the appellate court should clarify all doubts.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.