Members of the legal fraternity have expressed concern at the intervention by the Director of Public Prosecutions (DPP) to advise a retrial of Samuel Hinds Jr and say the law does not allow her to do so.
The law states that a person cannot be subjected to a trial for an offence for which he/she has already been convicted.
Article 144 (5) of the Constitution states: “No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.”
