07-02-2016, 11:51 AM
34
Re: 18yr old in Gaol
Originally Posted by Lila
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She has a right not to reply but they have a right to deduce from that and from the other information available that she is a risk to the general public and therefore shouldn't have bail.https://en.wikipedia.org/wiki/Right_...ence#Australia
<<There are numerous statutory abrogations of the right, particularly in the area of bankruptcy. It is also not available to witnesses testifying before a Royal Commission. There are also abrogations of the right in recent Federal anti-terrorism and Victorian organised crime Acts.[3] Each of these acts set up coercive questioning regimes which operate outside the normal criminal processes.>>
Under the NSW Crime Commission laws there is no right to silence, not answering is an offence. BUT the evidence gathered this way is not admissible as evidence in a court however if the testimony is different the witness can be prosecuted for perjury.
It is also a misuse of the Crime Commission that this woman is suspected of terrorism offences because the crime commission was set up to deal with organised crime. This is not the first time that draconian state laws have been set up to be used in a certain way then used for completely different purposes
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