Opposition Senator Wade Mark yesterday described as ’dangerous, lynch mob legislation’ the Evidence Amendment Bill which was piloted by Attorney General John Jeremie in the Senate.

Mark argued the bill infringed on the fundamental rights of the citizen and therefore needed a special two-thirds majority. He noted that when the bill was first tabled, it stated that a special majority was required but that Jeremie did a ’flip-flop’.

’This is a fish market approach to legislation,’ he said, adding that the bill ’abrogates and violates’ the rights of the citizen to a fair hearing and to a public hearing by an independent tribunal.

He claimed that the bill also deprived persons of the right to confront their accusers and to cross-examine, a claim which Independent Senator Dana Seetahal denied.

’A person who accuses others, don’t have to come to court once they say they are fearful (of being hurt by the accused or his associates),’ Mark stated.

He said elements of the Police Service had been found wanting by the High Court and the Court of Appeal, in relation to their behaviour towards accused persons.

’You are telling me you would take an unsworn statement to the trial and when I say that the statement was made under duress, the legislation is saying that statement would be taken on board as the gospel?’ Mark asked.

He added: ’This is a fundamental departure from how we do business. This is banana type legislation.’

He continued: ’That my lawyer will not be able to cross-examine the witness who accuses me because he is fearful. Individuals are going to be prosecuted and persecuted under this law. And you want us to support that in a society which has respect for the rights of the citizen?’

Mark said in the United Kingdom and Canada the criminal justice acts allowed video, but not audio taped evidence.

’In video tape evidence you can see my lawyer there, my mother there, the interrogator there, and you can see my body language, my demeanour, my nuances, so you can tell whether I am under threat,’ he said, adding that no such facility exist in audio taped evidence.

Debate on the bill came to a premature end because of a malfunctioning air-condition system in the Chamber.

Debate will continue on Monday.