[Greens-Media] Media: O'Farrell trashes 400 year old right to silence

[David Shoebridge]

O'Farrell trashes 400 year old right to silence
Media Release - 14 August 2012
 
The O'Farrell government is removing a four century old right to
silence apparently to target hardened criminals but in doing so they are
removing this right from everyone in NSW. 
 
"This government is trashing a four hundred year old right to silence
just to get a headline about fighting gang crime," Greens NSW MP and
Justice spokesperson David Shoebridge said.
 
"The a reason the right to silence has stood so long that is because it
protects individuals from the heavy handed use of police powers.
 
"Most people's interactions with police are in highly charged and
emotional circumstances.  It is at these times that the right to silence
is crucial in order to protect people from being entrapped or
misunderstood.
 
“You don’t institute fundamental law reform that applies to everyone to
deal with only a limited number of hardened criminals.
 
"If organised criminals are getting smarter the solution is smarter
policing, not the erosion of a fundamental pillar of the justice
system.
 
“It’s the prosecution’s responsibility to get a conviction, not an
individual's responsibility to prove their innocence or guilt through
their own words.
 
"These laws are said to be designed for criminal gangs, but they will
apply to everyone.
 
"We have already seen the consorting laws, supposedly implemented to
crack down on bikie gang crime, being used against a man going to the
shops with a mate.
 
"Anyone could understand the police wanting these new powers but it is
the Attorney General's task to moderate police demands and protect the
integrity of the criminal justice system.  Sadly, the current Attorney
seems to have forgotten this," Mr Shoebridge said.
 
Media contact: Mark Riboldi for David Shoebridge 9230 3030 | 0433 753
376
 
 

 
David Shoebridge
Greens MP in the NSW Legislative Council
P: (02) 9230 3030 |Media: 0433 753 376 |T: @ShoebridgeMLC (
http://twitter.com/#!/shoebridgemlc )
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