Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Optimising the inquiry into child sex abuse

By Evan Whitton - posted Tuesday, 8 January 2013


Lawyers for suspects

The commission should adopt Justice Jim Woods' procedure at his inquiry into NSW police corruption. He had a small pool of competent – but not the highest-paid – taxpayer-funded lawyers who represented suspects for nothing.

Suspects should of course be free to waste money on their own lawyers.

Advertisement

All relevant evidence to be available

It is obvious to everyone except common lawyers that hiding the truth makes it difficult to find it.

A judge, Harry Gibbs, generally adhered to the rules for concealing evidence at his 1963-64 inquiry into police corruption. His finding – that not one policeman was corrupt – made him the laughing-stock of Queensland. He was made Chief Justice of the High Court in 1981.

One of the rules is legal professional privilege, or client-lawyer secrecy. Or in some cases client-lawyer conspiracy; Philip Marlowe noted in The Long Goodbye: "How long do you think the big-shot mobsters would last if the lawyers didn't show them how to operate?"

A former judge, Terry Cole, inadvertently fell into error at his 2006 inquiry into bribes to Saddam Hussein. He ruled that some Wheat Board documents were covered by legal professional privilege.

Certain clerical and police interests may thus be desperately lobbying common lawyers, including Julia Gillard, Nicola Roxon, Tony Abbott, and Julie Bishop, to let inquiry witnesses claim client-lawyer secrecy.

Advertisement

To make it absolutely clear, it would thus be prudent to write into the legislation that NONE of the rules for concealing evidence can apply at the inquiry.

Pre-hearing

Counsel assisting should follow French inquisitorial procedures, That is, the juge builds up a dossier on the suspect.; he gathers evidence, collects documents, hears witnesses, takes depositions, arranges confrontations between conflicted witnesses, including suspect and alleged victim.

  1. Pages:
  2. 1
  3. 2
  4. 3
  5. Page 4
  6. 5
  7. 6
  8. All


Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

2 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Author

Evan Whitton is a former reporter who became a legal historian after seeing how two systems dealt with the same criminal, Queensland police chief Sir (as he then was) Terry Lewis.

Other articles by this Author

All articles by Evan Whitton

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Article Tools
Comment 2 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy