Barry is trying to abuse common law rights AGAIN !!!! You have a right to remain silent and you also have the right to consort as can be seen by the second article. Not looking good for him with his Workers Comp abuse of common law.
Barry O Farrell’s Ignorance Of The Law
O’Farrell flags right-to-silence change
- August 14, 2012 5:38PM
NSW Premier Barry O’Farrell has flagged legislative changes which will allow judges and juries to form an adverse view of people who exercise their right to remain silent.
The “right-to-silence” caution given by police would include the proviso that not saying anything “may harm your defence”, under draft legislation to be finalised by the end of the month.
Similar changes were introduced in the UK in 1994.
Mr O’Farrell said criminals are exploiting the current law which prevents judges and juries from taking a negative view of a refusal to co-operate with police.
The proposed changes would “tilt the scales of justice in favour of police and victims”, he said.
“For too long it’s been too easy for criminals to hide behind the right to silence,” Mr O’Farrell told reporters in Sydney on Tuesday.
“We’re going to amend the law to enable juries and judges to take an adverse inference from an accused person who refused to divulge facts to police but then later produces so-called evidence in order to provide an excuse.
“It’s aimed to ensure that those that are guilty can’t use legal precepts to hide their guilt.”
NSW Police Commissioner Andrew Scipione said police had been asking for changes to the right to silence for many years.
“The UK model has led to, amongst other things, a decrease in the number of suspects that are actually remaining silent when they are questioned by police,” Mr Scipione said.
“This has got to be a good thing for victims in this state. That has to help police.”
The NSW Police Association said the proposed changes were long overdue, describing them as a “win for common sense”.
“This is a major move towards making the job of police officers a little bit easier and towards making the community a safer place,” president Scott Weber said in a statement.
“The changes will help make sure that criminals face the punishment they deserve and are not let off simply because they refuse to talk.
“It will lead to more suspected criminals working with police and providing information, and that can only be a good thing for the people of NSW.”
Greens MP David Shoebridge accused the government of “trashing a 400-year-old right to silence”.
“The reason the right to silence has stood so long is because it protects individuals from the heavy handed use of police powers,” Mr Shoebridge said in a statement.
“You don’t institute fundamental law reform that applies to everyone to deal with only a limited number of hardened criminals.
“If organised criminals are getting smarter the solution is smarter policing, not the erosion of a fundamental pillar of the justice system.”
Man to be freed after anti-bikie conviction set aside
The first person jailed under New South Wales’s new consorting laws is set to be released after his conviction was set aside.
Charlie Foster has withdrawn his plea of guilty to consorting with three friends and housemates in the town of Inverell.
The 21-year-old disability pensioner has served six weeks of a maximum 12-month sentence under the legislation, which outlaws repeated communication with convicted criminals.
Today Judge Clive Jeffreys ordered the charge be tested again in a local court after prosecutors conceded the conviction relied on an inadequate police case.
They have told the court a magistrate should consider a fresh brief of evidence prepared by police earlier this month.
Foster will be released on bail next month once he has served time for lesser offences.
No change to the laws
Premier Barry O’Farrell has defended the laws and the way Police are using them
“Until such time as there is an adverse finding by a Court or Magistracy I’ll continue to have my confidence in the law and in its operation,” he said.