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Archived Press Releases 2008 24th May 2008

WHY UPROAR ABOUT RIGHT-TO-SILENCE NOW?

(24th May 2008)

Lawyers and politicians calling for changes to laws surrounding the “right-to-silence" are being called opportunists and gold-diggers.

“We told every political party before the last Election to get rid of the silly laws surrounding the right to silence, they ignored the call then so why the uproar now”, says the Sensible Sentencing Trust.

Trust Spokesman Garth McVicar says he is amazed about all the fuss about an offender's right to silence following the Kahui debacle.

“The right to silence has been causing problems in our Courts for years. I have trouble understanding why all the lawyers and politicians are suddenly waking up now.”

“We told legislators and politicians before the last Election to get rid of the silly rules that have nothing to do with protecting the innocent from false conviction and everything to do with the deadly game defence lawyers are allowed to play.”

McVicar said the Trust had specifically said the so-called right to silence should be got rid of as it prevents a judge or jury drawing adverse conclusions from an accused's failure to allow himself to be cross examined on his alibi, or his fanciful explanation of suspicious facts.”

“If an accused person decides to remain silent surely it is sensible for the Judge or Jury to take that into consideration – but then common sense is not something our legal process is over-endowed with.”

“Maybe I am cynical but it would appear that those jumping on the band-wagon now are just gold-digging opportunists”

Regards,

Garth McVicar
National Spokesperson,
Sensible Sentencing Trust.