EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) AMENDMENT BILL 2007

Thursday 29^th November 2007

Rev Fred Nile, Leader of the Christian Democratic Party, has supported the ‘Evidence (Audio and Audio Visual Links) Amendment Bill 2007’ with the following speech in Parliament.

“The Christian Democratic Party supports the Evidence (Audio and Audio Visual Links) Amendment Bill 2007, which revises the legislative presumptions in the Evidence (Audio and Audio Visual Links) Act 1998 regarding the appearance of prisoners before New South Wales courts. The 1998 Act facilitated the use of audio and audiovisual technology in courts and set out the circumstances in which evidence or submissions can be presented to a court by the use of audiovisual links where an accused person is in custody. That Act restricted when those audiovisual links would be used in a number of circumstances. This bill removes the existing presumption that accused detainees are to appear physically before the court in committal proceedings, sentencing hearings and appeals. The judge still has the discretion, probably based on the crime of which the person has been convicted, and I am sure the judge would require sentencing to be passed in public in court in the presence of relatives and others to assist the administration of justice.

Prisoners will appear via the audiovisual links in those proceedings where such equipment is available. The Attorney General has an obligation to ensure that such equipment is available in all courts unless the premises are not suitable for the use of audiovisual links or some other factor prevents it. A practical consequence of this legislation is that it will reduce the expense of transporting prisoners, vehicle costs and the cost of removing prison officers from their duties to escort a prisoner and to wait until a matter concludes. It will also reduce the danger of a prisoner in a courtroom attacking a judge. Thankfully, Australia does not have too many of those cases but in America prisoners have had access to weapons and have shot people in the courtroom.

Recently nine Muslim men on terrorism charges in Penrith court continually disrupted the court and abused the judge and members of the public. They would not stand or respond to the judge but were chanting Arabic slogans. To illustrate the uselessness of their stance, and to defuse the circumstances, such prisoners should remain in their cells and audiovisual links should be used immediately.

This legislation would certainly reduce the risk of that happening. I remember the recent court case at Penrith of nine Muslim men on terrorism charges. They continually disrupted the court, abused the judge and members of the public, would not respond to the judge, refused to stand and chanted Arabic slogans. To show them there was no point in continuing their actions they could have been told that they would remain in their cells and the hearing would be conducted by audiovisual link. That would have defused the situation immediately.

This bill amends the principal Act so that in certain criminal proceedings both adult and child accused detainees will be required to appear physically before the court on their first appearance—it seems that is obligatory—in relation to the alleged offence, and by audiovisual link, if available, on any second or subsequent appearance in relation to the alleged offence, unless the court directs otherwise in the interests of the administration of justice. I believe that is a reasonable requirement: it gives flexibility to the judge to make a decision where they require the detainee to be present in court before them, particularly for sentencing hearings. We support the bill”, Rev Nile said.