Dark Times ahead

O'Farrell Government weakens 'right to silence' laws.

The 'right to silence' laws exist as a protection for accused persons who were often, and in

some periods of history, always, being tortured to obtain a confession. A confession

obtained under the threat of violence or by actual violence is now inadmissible in any trial

or hearing. However, prior to the 'right to silence' existing, many if not most confessions

were obtained by the threat of or more often actual violence or torture.

The 'right to silence' is not absolute. There are many Acts in which there are sections

which deny a person the 'right to silence'. The Australian & NSW Crime Commission Acts

are the most notable examples. There are many others.

For some unscrupulous police, beatings have been replaced with threats. Threats to

charge the accused person's partner is the most obvious. Or threats to have community

services remove their children. Threats don't leave obvious bruises and they are not

picked up by video records of interview. (ERISP) Threats are made before any video

machine is turned on. And unless the threat is admitted an accused person has buckley's

chance of proving it was made.

It is in this light the O'Farrell government seeks to weaken the existing 'right to silence'

protections that we now have. It is one more step in whittling them down to almost nonexistence.

While the suggested changes, of themselves, appear innocuous enough, it is

one more step in reducing our rights. With the consorting, criminal association & other

non-association laws coming into existence recently our civil liberties are being perilously

reduced to those of third world countries.

While these changes appear innocuous, the reality is accused persons or persons of

interest are being asked to forgo their 'right to silence' at a time when they are under high

stress and immense pressure from police to speak to them. Psychologically, these persons

are not in a position to think clearly. And if they make any mistakes or get any facts wrong

they will be cross-examined about these at a subsequent trial to their detriment. The reality

is, if these changes are made then persons will, effectively, have to give up their entire

'right to silence', they will not be able to give up part of them.

But also, these changes can be self-defeating as any smart criminal will pre-arrange his/

her alibi before committing a crime, thereby defeating the changes and increasing their

chances of getting away with the crime.

The need for these changes has, yet again, been blamed on the need to curtail Outlaw

Motorcycle Club drive-by shootings. But, the police have said on numerous occasions that

the only drive-by shootings attributable to OMCs was a couple of associates of 2 clubs.

The other 24 odd clubs in Sydney and their 950 odd members have no role whatsoever in

these shootings or in organised crime.

The government must re-think these proposed changes as we have considerably more to

lose than we have to gain.

WAYNE BAFFSKY

Honarary Counsel, United Motorcycle Council (NSW)