‘Free trial’ right removed?
A provision in the serious fraud laws that removes the right to remain silent when questioned by police may be the “thin edge of a wedge driven between defendants and their right to a free trial,” according to the president of the Canterbury Council for Civil Liberties. Mr John Sullivan said yesterday that New Zealanders should not allow the constitutional rule
against self-incrimination to be diluted without good reasons. Under New Zealand law, a case had to be proven against an alleged criminal beyond reasonable doubt. “Just because someone is suspected of a crime by a policeman it does not follow that they are automatically guilty. Guilt must be properly proved,” he said. Mr Sullivan said each
generation seemed to have certain fashionable crimes which the public wanted to see better controlled. Sometimes Governments eager to retain office would try to authorise quick and easy convictions for such crimes. “Legislation proposed before elections needs to be vetted especially carefully,” he said.
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Press, 11 December 1989, Page 7
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165‘Free trial’ right removed? Press, 11 December 1989, Page 7
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