Dionne Rose, Parliamentary Reporter

( L - R ) Lightbourne and Nicholson

The Senate on Friday passed a bill to amend the Legal Aid Act to make the services of a legal professional available for the interview of the alibi witness of a person charged with an offence.

The amendment will also apply to persons charged with offences such as money laundering and drug related breaches, and who have raised the defence of alibi.

The amendment to the bill is expected to facilitate the Law Reform (Notice of Alibi Evidence) Act 2005, which has already been passed in the Houses of Parliament.

Leader of Government Business in the Senate A.J Nicholson said very few persons appear before the Circuit Court for trial without legal representation but noted that there must be preparation for the conduct of the defence who has no legal representation.

Special regiment

"The Government is of the view that whenever a special regiment is likely to impinge or alter established practices affecting the rights of the citizens, care must be taken to protect and enhance those rights and suitable checks and balances must be put in place," he said.

However, he said in the case where the offender, regardless of the offence for which he is charged, gives notice of an alibi and is unable to retain an attorney, an attorney must be assigned to him.

While supporting the bill, Opposition Senator Dorothy Lightbourne said the amendment could have been done months ago, if Government Senators had honoured recommendations made by the Opposition to amend the Legal Aid Act when the Law Reform (Notice of Alibi Evidence) Act 2005 was being debated.

"I don't know if it is because the suggestion or proposal came from this side why it was not taken on board at the time," she said.

Meanwhile, Senator Nicholson said since 2002, the Government has paid out $157 million to attorneys for legal aid services including $50 million for the last 15 months .

dionne.rose@gleanerjm.com