Presumption of innocence at risk

Your presumption of innocence and right to silence is at risk under the O’Farrell Government’s proposed new laws.

The State Government is currently reviewing amendments to the Evidence Act for the right of defendants to remain silent in criminal proceedings. Under the proposed changes, failure to answer questions could harm a person’s defence in a later court case.

NSW Greens MP David Shoebridge said the right to remain silent and presumed innocent is “a golden thread that runs through our criminal justice system”.

“Since this government has come into office, we’ve seen attack after attack on our civil liberties,” he said.

Amendments to the Evidence Act will allow the jury to draw adverse inferences if a person accused of committing an indictable offence mentions anything in court they have not during police interviews.

David Porter from Redfern Legal Centre said the right to remain silent is a key protection individuals have against the resources of the state.

“This legislation makes an uneven playing field even less even,” he said. “To take away the right to silence means that the accused person is forced to assist the prosecution in their own conviction.”

But the O’Farrell Government said it has been too easy for criminals to overcome serious charges, and that victims have suffered as a result. The State Government said the changes will mirror those made in Britain in 1994.

President of the NSW Council for Civil Liberties, Cameron Murphy said the situation is very different in NSW.

“What we need to remember is the UK has a human rights framework, which is absent in NSW,” he said.

Mr Shoebridge said citizens are not guaranteed the same protections available in the UK.

“The United Kingdom grants all its citizens free and prompt access to legal assistance and direct legal representation in the police station and during questioning,” he said.

“And that right is not available in NSW and the government isn’t intending to make it available.”

Shadow Attorney-General, Paul Lynch said the State Government would need substantial reason to overturn this fundamental principle.

“I don’t think the government is presently anywhere near discharging that onus,” he said.

Mr Shoebridge said: “Those kinds of laws don’t have a comfortable place in an open, western democracy.”

The proposed changes come after a string of new laws regarding mandatory sentencing, consorting and drunk and disorderly behaviour in response to a recent spike in bike gang-related violence.

Mr Murphy said “there is simply going to be more innocent people getting convicted”.