I want to tell you a real story, I can't tell you my name or age or any of the girls details for obvious legal reasons, sufficit to say...they are all in either the 'middle' or 'senior' years of their secondary education
About a 2 years ago I was chatting on Yahoo in a "General Category" chat room, I was messaged by a girl who told me her age, we chatted for quite a few weeks, she then asked if I wanted to meet, I said ok. Through this girl I met her older sister and a few of her friends. The ORIGINAL GIRL APPROACHED ME ( to which the informant in my case confirmed when asked under oath on the witness stand ) for "things" to which I stupidly agreed and was completely wrong for doing so.
Anyway to cut a long story short....I was Arrested and charged, subsequently I received several legal opinions on my case, all of which said the same thing....'It would be unwise for you/us to cross-examine your accusers or test the evidence in their statements because the Magistrate/Judge would be thinking...the Defendant is placing the Plaintiff’s under more duress than is necessary, therefore prejudicing the eventual outcome in sentencing'.
Basically the legal opinions I was getting were saying that I should plead guilty, leave the girls alone, don't apply to cross-examine them or the Judge may hand down a harsher sentence.
I'm not asking for sympathy or to be excused, all I'm asking is - should every person who is charged with a crime have the right to question all evidence and cross-examine all witnesses that have been brought forward by the prosecution without being prejudiced? Is that too much to ask? Personally I don't think it is. I'm just asking for a fair go.
In America they have what is called a 'BILL OF RIGHTS', what this basically means is - an accused person has the right to question or cross-examine any witness or their accusers and test all of the evidence without prejudice.
My questions to you are:
Isn't the Judiciary in Australia supposed to be impartial and Judge each case only on the evidence presented?
Why doesn't Australia have a 'Bill of Rights'?
Should Australia have a 'Bill of Rights'?
If you were arrested and charged with a crime, wouldn't you like to be able to question or cross-examine witnesses or your accusers without prejudice?
If you would like your say or answer the above questions, Email me directly on the link below with your comments or directly to the Attorney's General on their direct links alternatively you may email the Evatt Foundation with your comments(Social Justice). Thank-You.
Attorny General - Victoria - Hon Rob Hulls MP
Attorney General - Federal - Darryl Williams AM QC MP
Evatt Foundation Feedback Page
Evatt Foundation - Social Justice
Australian Human Rights and Civil Rights - Hon Victor Perton MP