Push to remove right to silence
A justice advocate’s bid to take away the right for witnesses to child deaths or violence against children to remain silent is being considered by a parliamentary committee.
The move is proposed to combat New Zealand’s child abuse record, one of the worst among OECD countries and a problem that spans generations.
Scott Guthrie, an independent advocate from Manawatu¯, yesterday spoke to the Justice Select Committee at Parliament about his suggested law change. A petition on the parliamentary website for the change attracted more than 4500 signatures.
The right to silence is an established legal principle for people accused of a crime, but Guthrie’s proposal covers witnesses to violent and deadly acts, not people facing charges.
Guthrie said the 2006 death of 84-day-old twins Chris and Cru Kahui, for which no-one has been convicted, shocked the country and should be a catalyst for change. ‘‘As a nation we believe that it’s our responsibility to protect, love, nurture, respect and ensure that our children are safe.
‘‘A child should always feel safe and be safe in their home and our country,’’ Guthrie said.
‘‘Our innocent children are subjected to the most horrific forms of violence in our country and the reality is played out on a weekly basis.’’
Police had said that in one in five child violence cases family or adults were aware of what was happening, but didn’t report it.
‘‘We submit that it’s our responsibility to speak up. We must be the voice for our most vulnerable citizens.’’
During the Kahui case, 24 adults were interviewed about what happened, half of whom, the ‘‘tight 12’’, were in the house where the deaths took place.
‘‘They all hid behind the right to silence ...
‘‘We believe the right to silence prevented justice for those precious, vulnerable babies.’’
Guthrie cited other cases where people keeping silent had stymied investigations, including into the critical injuries suffered by a 4-year-old in Hawke’s Bay last year.
He said he was not proposing a person charged with a crime lose their right to silence or the right not to incriminate themselves.
Rather, he suggested the move was about giving rights to children without a voice. Those who remained silent could be dealt with under the law.
He also said the right to silence wasn’t absolute, as people investigated by the Serious Fraud Office or witnesses in its cases could be compelled to answer questions and produce documents.
Committee member Simon Bridges of National asked if Guthrie had looked into overseas jurisdictions. He said in the UK juries could be instructed to view negatively someone who had stayed silent. In New Zealand jurors are told not to jump to any conclusions about that.
Guthrie said countries such as Australia, South Africa and in Europe had right to silence provisions.
‘‘Let’s lead the world on this issue.’’
Nicole Mckee of ACT wondered how it could be proven someone knew what had happened.
After the hearing Guthrie said he was happy with the reception he received, but wasn’t confident his petition would be acted on. The committee is considering the petition.