Latest / Early Edition with Ryan Bridge / Steve Lack: Defence Lawyer on the investigation into the death of Jahkani Hamilton

Transcript

Steve Lack: Defence Lawyer on the investigation into the death of Jahkani Hamilton · Early Edition with Ryan Bridge

• 0:00
  Speaker 1: Experts are warning against weakening the right to remain silent.
• 0:04
  Speaker 1: It comes after a Far North hit and run death
• 0:06
  Speaker 1: investigation has gone cold. People believe they know people that
• 0:10
  Speaker 1: know all about it, but they're not talking. So despite
• 0:13
  Speaker 1: believing the fact that people know executly what happened, they're
• 0:16
  Speaker 1: invoking the right to silence. So I'm joined now by
• 0:19
  Speaker 1: Stephen Black, who is a defense lawyer. Good morning to you.
• 0:22
  Speaker 2: Good morning.
• 0:23
  Speaker 1: So what is more important the rights of victims to
• 0:26
  Speaker 1: get justice or the right of suspects not to incriminate themselves. Well, it.
• 0:33
  Speaker 2: Applies more broadly than simply to suspects, I think, and
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  Speaker 2: the right to silence is a really important right that's
• 0:40
  Speaker 2: enshrined in our bit of rights, and it's existed for
• 0:43
  Speaker 2: many years, and it's designed to curb state power from
• 0:47
  Speaker 2: compelling people in the community to provide answers. And there
• 0:51
  Speaker 2: will be investigations where there is public outcry about that
• 0:55
  Speaker 2: because it hampers investigations, But in large part it operates
• 0:59
  Speaker 2: to tech citizens.
• 1:01
  Speaker 1: I think people can understand that in terms of the
• 1:03
  Speaker 1: rights of the accused not being forced to speak if
• 1:06
  Speaker 1: you are the accused, but if you're an eyewitness, if
• 1:08
  Speaker 1: you're if you're someone who knows what happened in the house,
• 1:11
  Speaker 1: say I'm talking about the car, who is beforehand? Why
• 1:14
  Speaker 1: should they also have a right to silence?
• 1:17
  Speaker 2: I guess it's difficult to break down at the time
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  Speaker 2: whether someone's a going to be an accused or whether
• 1:25
  Speaker 2: they're going to be a suspect, or whether they're simply
• 1:27
  Speaker 2: being interviewed as a witness to something that they have seen.
• 1:31
  Speaker 2: So everyone's entitled to invoke the right to silence. And
• 1:35
  Speaker 2: you know that's that's unfortunately has negative effects and some
• 1:39
  Speaker 2: investigations and the example you give is the Carhui twins
• 1:42
  Speaker 2: and that was where the investigation was hampered. But you know,
• 1:47
  Speaker 2: more broadly, the right to silence exists to protect members
• 1:51
  Speaker 2: of the community rather than to hamper okay investigation.
• 1:54
  Speaker 1: Other examples in other countries where the right to silence
• 1:56
  Speaker 1: isn't quite as robust as it is here.
• 1:59
  Speaker 2: Yes, in the UK there is a right to silence,
• 2:04
  Speaker 2: but the prosecution they're able to comment adversely on a
• 2:09
  Speaker 2: defendant's failure to raise something when they were questioned during
• 2:13
  Speaker 2: the investigation.
• 2:15
  Speaker 1: And would you, as a lawyer always say to someone
• 2:17
  Speaker 1: if they are accused or if you're in the community
• 2:20
  Speaker 1: around that that accused person, if you are a person
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  Speaker 1: of interest, just stage stum.
• 2:26
  Speaker 2: Not necessarily, not necessarily, there are certain circumstances in which
• 2:30
  Speaker 2: it's advantageous to provide a statement if you're a suspect
• 2:34
  Speaker 2: in my view, so it really depends on the facts
• 2:36
  Speaker 2: to be honest.
• 2:37
  Speaker 1: All right, Stephen Lake, I thank you so very very much.
• 2:40
  Speaker 2: For more from earlier edition with Ryan Bridge. Listen live
• 2:44
  Speaker 2: to News Talks it'd be from five am weekdays, or
• 2:47
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