Evidence (Audio and Audio Visual Links) Amendment Bill 2003
Reverend the Hon. Dr GORDON MOYES: The Christian Democratic Party supports the Evidence (Audio and Audio Visual Links) Amendment Bill. The bill requires an accused who is in custody in a correctional centre, a detention centre, a police station or another place of detention to appear physically before a court unless the court directs otherwise if satisfied that it is in the interests of justice that the accused detainee appear by audiovisual link before the court. I am sure that we have all read stories about how violent or deranged detainees in American courts have managed to get hold of weapons and attacked the judiciary, court officials and others. The judicial process is constantly threatened by people who believe violence is the way to get their own back on the community.
This bill will clarify the discretion of the court to order that an accused person appear in court by audiovisual link in a criminal hearing when serious security concerns have been identified. The usual process involves a person appearing physically in court unless there is an apprehension that his or her physical presence may lead to violence. The bill makes a number of other minor technical amendments to the Evidence (Audio and Audio Visual Links) Act 1998 and consequential amendments to the Evidence Legislation Amendment (Accused Child Detainees) Act 2003. The 1998 Act facilitates the use of audio and audiovisual technology in the courts and allows New South Wales to participate in a substantially uniform interstate scheme. Honourable members may be aware that in a recent case before the court it was claimed that a person had fled to Dubai in order to avoid incriminating himself. However, the court ordered that his evidence be given by an audiovisual link from Dubai and then accepted that evidence. A number of recent high-profile criminal matters have put at risk the security of some officers of the court so we commend the Government for introducing this bill. The bill retains the presumption that a person will appear in court physically but that an audio or audiovisual link may be established if necessary. We commend the bill to the House.