Page 2692 - Week 09 - Thursday, 25 August 1994
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to examine this opportunity to remove the right, generally, to unsworn statements; but we should retain some residual protection where it appears to the court that that protection is appropriately offered. We also recommend a minor amendment to proposed new subsection 70(3). I will not go into the details of what that is about; it is explained clearly in the report.
It is a fairly momentous step, Madam Speaker, to recommend the abolition of these rights, notwithstanding the fact that they do not exist anywhere else in Australia at this stage; but we believe that, in the interests of justice, this is required. We also believe, I think it is true to say, although we have not recommended this, that the situation should be monitored to see how the abolition of these rights might affect the position of defendants in criminal trials.
MRS GRASSBY (12.12): I rise also to support the report. The abolition of unsworn statements is a progressive move to help take the ACT legal system into the twenty-first century. I congratulate the Minister on his move to do this. I consider it rather antiquated. When you look around the world there are only two countries that still allow unsworn statements, I understand from the Attorney-General, and they are Fiji and South Africa. I am quite sure that, with the new government in South Africa now, that will change. Because we were the only place in Australia that still had it, I thought it was time that this was changed.
During the hearings that we had on this Bill there were incidents brought up involving people of different ethnic backgrounds. It was pointed out to us that Aboriginals in the Northern Territory, when a direct question was put to them, such as, "Did you do this?", would admit to it. Therefore, that was a worry. One thing that came up when we spoke to VOCAL was the fact that a lot of people make unsworn statements. If you know the person and you know that they are a little illiterate or that they do not have the ability to write their statement, you find that the statement has been written by the lawyer. It is a very eloquent statement and could not possibly be the statement that they would make.
Our chairman brought up the case of a rape trial. I, as a woman, would find it very difficult if I charged somebody with rape and they made a very untrue unsworn statement about me and there was no way they could be questioned on it. I, as a woman, would find it very difficult that the jury could take it into account and could believe part of the statement. If a person makes a statement, I think they should be then questioned on it. Not to change this law would be a very serious thing for all Canberrans, but mostly for women. The people at the Rape Crisis Centre were very pleased to see the Attorney-General making this move. They felt that one of the most unfair parts of a rape trial was the fact that a woman could have an unsworn statement made against her and she had no way of questioning the person charged.
As our chairman has said, there are cases where Aboriginals and people of ethnic background may find it very hard, and therefore we have left it to the discretion of the judge. However, in most cases, these people are able to have legal aid. If they were going into court without legal representation I could understand this. As I say, as a woman I would find this very unfair. I think the report is very fair and the way it has been presented has given it a fair chance of acceptance.
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