Australian judge calls for urgent review of Rape Shield legislation

A new law due to be passed in two weeks stating that defenders in rape cases are not allowed to cross examine prosecutors, instead using a "person" appointed by the court to question them on the defendants behalf has rightfully drawn the ire of Justice Brian Sully, whom we hope can inspire common sense in the Australian Parliament. Some excerpts from the article...

But Justice Sully said that if the legislation, due to take effect on September 11, went through in its present form, there was a "very real risk" that the case before him would miscarry.

"It is imperative that someone get through that if we have this sorry interference with the law, it had better be done in a way that is workable - and this is probably unworkable."

Justice Sully said he presumed that the "person" would be legally qualified and be prepared to act without fee. But he asked where such a person would be found.

"What am I to do, ring the Bar Association and say, 'The best I can tell you is that the person is to be questioned in a week's time and I will send your chambers two folders'?" he asked.


http://www.smh.com.au/articles/2003/08/29/1062050674873.html

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