Double jeopardy plan could reopen case into toddler's death

DOUBLE jeopardy law reform could open "a lot of cans of worms", including allowing police to once again investigate the death of Ipswich toddler Deidre Kennedy.

Faye Kennedy

DOUBLE jeopardy law reform could open "a lot of cans of worms", including allowing police to once again pursue a former RAAF recruit for one of Queensland's most horrific crimes.

Retrospective changes could result in Raymond Carroll, who has always maintained his innocence, to be tried again for the alleged abduction, rape, and strangling death of Ipswich toddler Deidre Kennedy.

The 17-month-old's body was found on a toilet block roof, less than 1km from her family home, 41 years ago.

Despite two guilty verdicts for murder, Mr Carroll remains free after three successful appeals on legal technicalities, including the double jeopardy clause.

Attorney-General Jarrod Bleijie said the 800-year-old law was a roadblock to justice but the change would "stop offenders from potentially and literally getting away with murder".

While double jeopardy laws changed in 2007 across most of Australia to allow acquitted people to be retried if new evidence came to light, Queensland could only target people committing crimes after 2007.

Queensland Homicide Victims Support Group general manager Ross Thompson said the law change would "open up a lot of cans of worms" across the state.

He said one victim's family had broken down over the news and he knew of three cases that could be reopened.

"They've lost a loved one, it's been through the open courts and it's still an open case," he said.

"For anyone who has lost someone in such a violent way, that's the only thing you have left is justice.

"This is a really fine and positive way we might be able to give them this true justice that is warranted.

"Justice is blind sometimes."

Mr Bleijie, who will introduce legislation into Queensland Parliament next week, said the new laws made it totally retrospective.

He said he did not expect the move would "open the floodgates" but would enable police to test cold cases in the supreme court.

Announcing the move at the Queensland Homicide Awareness Day, Mr Bleijie said there had been many technological advancements with DNA and other forensic testing that had furthered police cases.

"We live in 2014 … why should someone who was acquitted 20 years ago, but now there's fresh and compelling evidence based on modern technology, why should they get away with murder or other serious crimes?" he said.

"We could be dealing with matters that happened just prior to 2007, we could be dealing with offences committed 10, 20, 30, 40 years ago or into the future, of course.

"This is about balancing the scales of justice and putting victims first."

Mr Bleijie said if the supreme court was convinced new evidence was fresh and compelling, then a person would be retried regardless of when they were acquitted or when the offence occurred.

Opposition Leader Annastacia Palaszczuk said Labor had rejected retrospectivity in the past because it feared the floodgates would open.

"There must be full consultation," she said.