Law shift on abuse trials

TASMANIA is expected to follow other states and introduce legislation allowing jurors in child abuse trials to be permitted to hear the prior convictions of an accused and their sexual interest in children.

The reforms are part of a nationally agreed approach to “tendency and coincidence evidence”, Attorney-General Elise Archer said this week.

“The admissibility of tendency and coincidence evidence has been a significant issue in New South Wales and Victorian criminal trials,’’ she said.

“Tasmania has already pursued reforms dealing with how tendency and coincidence evidence is dealt with, and are closely monitoring reforms in other jurisdictions to ensure that similar law reform in Tasmania is effective.”

Abuse survivors’ advocates welcome the change while others say it will compromise the right to a fair trial.

Hobart barrister and Australian Lawyers Alliance spokesman Greg Barns raised concerns about the potential for the reforms to lead to wrongful convictions.

Mr Barns described the potential legislative changes as “dangerous” and “wrong”.

“There is a real danger of juries – no matter what evidence might be in the case – simply reasoning because a person has done it before, they must have done it this time,’’ he said.

“Legal systems which are focused on gaining more convictions are not fair systems, because they lose sight of one of the fundamentals of democratic society and that is everyone is entitled to a fair trial.”

Mr Barns said child sex abuse was a “horrific crime”, but said those charged were entitled to a fair trial.

But sex abuse survivor and Beyond Abuse founder Steve Fisher said he was supportive of such changes.

“In these cases where people have been charged before, I believe that jurors need to know the full history of perpetrators,’’ he said.

“That then gives them all the tools to make a really informed decision as opposed to only knowing half the story of what’s happened previously.

“It can be the difference between somebody being taken off the streets and not being a threat to children anymore and being put back on the streets because the jury knew nothing about their former offending.”

Mr Fisher said it was important any legislative changes on the issue needed to be consulted widely, including with survivor groups.

Labor corrections spokeswoman Ella Haddad said the party has supported government efforts to implement recommendations of the Royal Commission and would wait for the tabling of legislation in Tasmania.

“It is right to reassess how criminal trials of this type are conducted, to ensure survivors are protected,” she said.