There is ’mounting evidence’ to suggest that people on trials who secure their freedom by witness intimidation, are the same ones who go back to commit more murders and therefore contribute to the upsurge in crime.

Minister of National Security Martin Joseph told the Senate yesterday that law enforcement was reasonably confident that there is a strong correlation between the release of people acquitted of murder (in circumstances where the main witness changed his testimony) and a rise in the homicide rate, especially in relation to gang-related homicides.

Speaking in the debate on the Evidence Amendment bill, Joseph said between January 2004 and this year some 61 matters have been dismissed in the courts because the main witnesses refused to give evidence, ’forgot’ or reneged and retracted their earlier statements.

Pointing to the correlation between people winning their freedom on the basis of witnesses changing their testimony and the increase in crime, Joseph said five such people were acquitted of murder and released in January and by February there was a spike in murders to 56. He said four people were so acquitted of murder in June and there were 47 murders for that month. And seven people were acquitted of murder between July and August and in September there was another upsurge-55 murders.

The Minister said there was significant impact to having these suspects (who are acquitted) on the streets. ’These people are responsible for multiple homicides on a very regular basis,’ he said, adding: ’In one of the cases which we are still prosecuting, one of the accused is believed to be responsible for 13 killings in the six months prior to the three (murders), for which he is currently charged. Were he to be released due to intimidation of the witness, there is nothing to suggest that he would not continue to exact revenge in all involved in his case and continue with killing spree’.

In underscoring the importance of the Evidence Amendment bill, which aims at dealing with witness tampering and witness intimidation, Joseph said gang-related homicides by their very nature were more difficult to detect, using scientific evidence, because of the lack of contact between shooter and victim. He said without exception these investigations are heavily reliant on witness evidence. In this regard law enforcement officers are required to invest considerable time in witness care and in building up a trusting relationship with families and witnesses. Since, he said, in general, witnesses are family members of the deceased who are terrified at the prospect of giving evidence.

Joseph said the homicide investigative unit is currently achieving a 36 per cent detection rate on the 55 gang-related homicides for 2009.

’It is estimated that this detection rate would have risen to over 50 per cent had this legislation been in place,’ he said. He added that it was estimated that approximately 50 witnesses with relevant evidence have been lost due to fear of violence or intimidation.

’It is very difficult to estimate the impact of the legislation should it be passed, but our senior investigating officers believe that there are 17 potential offenders who could have been brought to justice if further measures were put in place to assist witnesses in relation to the fear of intimidation’, he said.

Joseph, however, stressed that the legislation was not a ’silver bullet.’

He said that there was a need for law enforcement to step up the way it did investigations. He said between January 2006 and October 2009, some 2,299 officers received various evidence-based training courses. These course included forensic awareness, crime scene management, investigative interviewing, finger-print evidence recovery and recording, digital photography, court familiarisation and recording statements. Training was provided by the Specialist Crime Academy of the Special Anti-Crime Unit. See Page 7.