Questions arise from the HIV data leak

31 January 2019

Image credit: World Health Organisation (WHO)

Eugene Thuraisingam was interviewed about prosecutorial discretion in the wake of news that the HIV-positive status of 14,200 people – along with other confidential information such as their identification numbers and contact details – had been leaked online.

“Article 35(8) [of the Constitution] vests wide discretion in the AG as public prosecutor in the conduct of criminal proceedings. When an accused person is charged with multiple offences and decides to claim trial, prosecutorial discretion entails that the prosecution can decide which specific charges to proceed with at trial, and which charges to stand down. The prosecution is not required to give reasons for why they decide to proceed with certain charges and not others.

– Eugene Thuraisingam

Views from other lawyers were also sought. Read more below.


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