Alter law on retrial, says PM

The Government wants to pass legislation that will allow people to be tried again for the same crime after being acquitted by a jury, Prime Minister Helen Clark says.

Clark made the comments after saying yesterday that it would be unacceptable if nobody was held accountable for the brutal deaths of the Kahui twins.

A High Court jury in Auckland last Thursday found Chris Kahui not guilty of murdering his baby boys, Cru and Chris, two years ago.

Police have said the case is now closed and they have no other suspects.

"Under the New Zealand law of double jeopardy, Mr Kahui cannot be tried again, so it would be a question of whether evidence which comes to light points in the direction of any other person," Clark said.

She said the Government had had legislation before Parliament to modify the double-jeopardy rule for more than a year.

"It is in the Criminal Procedure Bill, which has been having trouble getting a majority," she said.

"It does provide for the waiving of double jeopardy where there is what is called a tainted acquittal. Then the High Court could order a retrial.

"There is also a second proposal, which is that where there was new and compelling evidence, which could not have been induced in the first proceedings, which implicates the acquitted person with a high degree of probability, then the Solicitor-General would be able to approve a new police investigation.

"It would not, of course, apply to anyone who had been acquitted prior to the passage of an act based on the bill."

Clark called on anyone who knew more about the deaths of the Kahui twins to come forward.

"I don't think anyone of good conscience could sit on information which hides the offender. Someone badly attacked those little babies, which led directly to their deaths, and that person should come forward and those who know who it is should come forward," she said.

Clark said she was reluctant to criticise the police on their handling of the case.

"I think it is one of the most difficult kinds of investigations they could ever have. There was a wall of silence put up by the family and those around them," she said.

Clark said she had not seen enough evidence to persuade her that an inquiry into the police handling of the case was necessary.

Police Association vice-president Stuart Mills said he did not believe there were structural issues about the way prosecutions were brought.

"The public have to remember that, in our current judicial system, acquittals do occur. In the case of Mr Kahui, no applications to dismiss the charges were ever made," he said.

"The police are doing a very good job in trying circumstances. We need to make sure witnesses are co-operative with police as opposed to hiding at times family members who have committed a crime."

Mills said police had to have evidence that met exacting standards before laying charges.

- © Fairfax NZ News