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THE man accused but twice acquitted over one of Australia's most brutal child sex murders could be retried under proposed changes to the law of double jeopardy. Queensland Premier Peter Beattie said yesterday the national working group created last week to review the laws would consider making the changes retrospective, meaning past cases could be retried. It had been thought that changes to the current double jeopardy law, which prevents people being tried twice for the same crime, would only apply to future cases. But moves to make any amendments retrospective would allow Raymond John Carroll to be brought before the courts again over the sex assault and murder of toddler Deidre Kennedy 33 years ago. Mr Carroll was twice found guilty of charges relating to the murder but was cleared on appeal each time. "Any change would obviously involve retrospectivity," Mr Beattie's spokesman said. "If you are going to expect that people be charged twice, it means charging them over something that's happened in the past. If the review is to decide the law should be changed, that means going back to an earlier time if someone is to be charged again." Queensland Attorney-General Linda Lavarch had earlier insisted to The Australian that retrospective law changes were "unlikely". In one of Queensland's most shocking crimes, 17-month-old Deidre was sexually assaulted and strangled in 1973 after being taken from her bed at home. Her body was left on the roof of an Ipswich toilet block. Mr Carroll was convicted of her murder in 1985 but was cleared on appeal. When new evidence arose later linking him to the crime, he could not be charged again with murder because of double jeopardy. Instead, he was charged with perjury over his evidence at the murder trial. He was convicted but again was cleared on appeal. Deidre's mother, Faye Kennedy, has been campaigning for double jeopardy reforms similar to those introduced by Britain, which allow murder and other serious charges to be brought against a defendant more than once if "fresh and compelling" evidence arises. Mrs Kennedy last night welcomed Mr Beattie's comments. "I have always believed Mr Carroll would walk free, but I am very pleased this might be looked at again," she said. "It would be painful if we had to go through another trial. If it means we have to go to court again, then of course we will do that because we want to see justice done." The Council of Australian Governments meeting in Canberra last week agreed to establish the working group to report within six months on double jeopardy reforms. Double jeopardy has already been discussed by the Standing Committee of Attorneys-General, which referred the issue to the Model Criminal Code Officers Committee. Federal Revenue Minister Peter Dutton, a strong supporter of Mrs Kennedy's campaign, said it was clear the changes needed to be retrospective. "Any ideas that Mrs Lavarch might have had that Queensland would not make retrospective changes would be an insult to Faye Kennedy and to all Queenslanders," he said. Mrs Lavarch has told lawyers privately that she supports double jeopardy reforms to allow fresh trials when juries are found to have been tainted, but not to admit new evidence for serious crimes. However, Mr Beattie is understood to have decided Queensland should follow NSW, Britain and New Zealand by extending reforms to evidence. Mr Carroll, who has denied responsibility for the crime, could not be reached for comment yesterday. The Australian (19-7-2006) Greg Roberts |
Australian News
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