The Sunday Post (Inverness)

Abused kids to give evidence via go-between

-

studied other jurisdicti­ons and it is understood the minister has been impressed by the Barnehus model which has operated in Norway for almost a decade.

Lord Carloway is also understood to be a supporter and has travelled to Scandinavi­a to study the system first-hand.

But following such an approach would be met with resistance as defence lawyers would lose the right to crossexami­ne alleged victims.

The Pigot model, used in Australia, and a variation dubbed Half Pigot, being trialled successful­ly England and Wales, are also being studied.

Under these.systems, defence lawyers do not lose the right to test the evidence via cross-examinatio­n, although they do face restrictio­ns to safeguard children.

Mr Matheson said: “This will be a fundamenta­l shift in our justice system. The challenge we face is to protect the rights of children without compromisi­ng the right of the accused to a fair trial.”

The failures of the current system were illustrate­d in 2001 when a disturbing case at the High Court in Edinburgh involving six accused was thrown out by Lord McLean.

An 11-year-old girl faced rigorous cross- examinatio­n over more than 25 hours, spread over ten days, from all six defence counsel.

Her little brother, who was eight, followed her in giving evidence by video- link, but broke down twice at the start of his cross-examinatio­n and the judge decided to dismiss the case.

Court officials failed to prevent the children coming into contact with their alleged abusers.

When asked about the changes, the mother of the children, now adults, said: “I’m glad that what we asked for and fought for is to happen, but astonished it took another 15 years.”

Stephen Mannifield, president of the Edinburgh Bar Associatio­n, sounded a cautionary note.

He said: “Defence lawyers would like to have proper input into this process so that the rights of the accused can be properly protected while giving due regard to children’s rights.”

 ??  ?? ■

Newspapers in English

Newspapers from United Kingdom