15 September 2011

Silence

The right to: The Government were looking to take away (under certain circumstances) the right to silence in Court. But it seems they couldn't get the numbers in Parliament.

I believe it has had its day but it looks like it will take another 50 years to do away with it.The weird thing is that the Act Party who are supposed to be strong on Law and Order are against taking away the right but of course it conflicts with their desire that people are not ordered about by Government.

The UK ended it about a decade ago and the most recent cases here were

- the Kahu twins debacle where Chris Kahui just sat there (in a nice suit and tie) and said nothing while his partner had to go on the stand and was ripped apart

- David Bain went on the stand in his first trial and lost - didn't say a word in his second and won.

Much opposition to its abolition is out of a misconception that a right to silence would force people to give evidence. It would not. An accused could say nothing but the jury would draw it own conclusions on the silence and lack of cross-examination. Why, we should always ask, won't the defendant expose himself/herself to questioning.

The simple fact is that the defendant knows what went on at the crime, and is the best person to question about it but can't be called. Yet, as we saw in the Kahui case, his lawyer can hound others who must go on the stand. Crazy. The days of silence are long gone.

RWC: I said the Scotland Georgia game would be the one to watch. I meant in the sense it could be close. And it was. Luckily we just watched it on the background at the Quiz (moving up - 13 teams and 5th to last) as it was typical Northern Hemisphere stuff - all penalties and one drop goal with little skill - although the weather didn't seem to help. Basically rubbish - rubbish that would make Stephen Jones my 'favourite" scribe salivate.

The game of the day was Canada - Tonga. I thought Tonga would have been the stronger but if Tonga had won it would have been their first win over the Canuks in a World Cup. So they didn't improve; losing 25-20. It was a great game.

Now looking forward to Wales - Samoa which may be the game of that Pool.