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Archived Press Releases 2009 19th September 2009

RIGHT TO SILENCE SHOULD BE SCRAPPED, SAY VICTIMS

(19th September 2009)

Victims of violent crime are calling for an end to the legal right of defendants not to take the stand during court proceedings.

More than 100 of the country’s most high profile victims are gathered in Taupo this weekend to demand changes to the justice system as part of the Sensible Sentencing Trust’s fifth annual conference.

Chief among their demands is scrapping the law sheltering defendants who keep quiet during their own trial.

This does not mean that people would be forced to talk. It is just that if they don’t the jury can take that into account.

"At present judges warn juries against drawing what are sometimes obvious conclusions from the defendant not taking the stand. This has been changed in Britain for a long time and we’d like to see it done here too," said Trust lawyer, Stephen Franks .

"The accused knows more about the true facts than anyone else in a court supposedly committed to the whole truth and yet they are the only one who can choose not to talk about it or be cross examined. A jury should be able to make a sensible conclusion from that decision."

Brian Brown, whose daughter Natasha was killed by Michael Curran in 2005 said it was unfair the defence could cross-examine anyone on the stand pursuing some rubbish explanation while their client could not be made to answer questions on the same topic.

"Natasha’s husband was grilled by Curran’s lawyer during the trial until he broke down. Why should a slick lawyer be able to answer on behalf of the accused when everyone else has to tell their story in their own words?"

"If the person charged with the crime is so certain they are innocent then why won’t they stand up publicly and say it? It’s because they are guilty and don’t want the jury to see them caught out in their lies," said Mr Brown.

The call to scrap the right to silence is part of a wider bid by victims to shift the focus of the court system from caring for the criminal to caring about victims.

Along with ending the right to silence, victims want the right to rebut false defence claims in court, a mandatory nationwide protocol for including victims in court proceedings and an end to lengthy delays. Currently there is a one year delay for cases to be heard in the District Court and a 16-month delay for the High Court.

Minister for Corrections and Police, Judith Collins, fronted up at the victims’ conference with a promise to "overhaul" the justice system and end the public perception that "criminals are more important than the rest of us."

"The pendulum of justice has swung too far in the direction of the criminals. The Government is looking at a raft of initiatives to refocus the justice system on the victim," promised Ms Collins.

The Sensible Sentencing Trust conference continues on Sunday.

Regards,

Garth McVicar
National Spokesperson,
Sensible Sentencing Trust.