Above all, magistrates have the power to stop a line of questioning. The safeguards are already there to protect child witnesses and complainants.
Other measures to protect children giving evidence include using closed circuit TV or pre-recording of evidence with video played to a jury. Before the law was changed, children could be cross-examined live in court through either closed circuit TV or behind a screen.
The key thing is a child’s allegations could be tested at the committal hearing, but not now, which means their complaint is unchallenged. It effectively ensures some cases go to trial which could and should be stopped long before that time.
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The Ipswich case went to trial and the jury conclusively rejected the allegations, finding the father not guilty nine times to each charge he faced.
Although the accused has been acquitted, the story does not end yet. The conduct of various prosecution witnesses during the course of the trial is now the subject of formal investigation.
In theory, justice has been done and been seen to be done. A family has fractured, and the trauma faced by mother and father could take years to heal, if it ever heals. And at the end of the day the system says the defendant is entitled to not a cent back for lost income, expenses and costs.
This is wrong.
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