From NZ Herald · · 1m 50s
Child murder and right to silence policy
National's plan to criminalize silence during child murder investigations faces legal and ethical challenges.
In brief
National's plan to criminalize silence during child murder investigations faces legal and ethical challenges. National's proposed law criminalizing silence for those at child murder scenes risks undermining justice for vulnerable people. Originally reported by NZ Herald.
National's policy
National wants to make it a crime to remain silent and not disclose information relating to a child being murdered, punishable by up to 10 years in prison.
Right to silence
The right to silence is protected in the Bill of Rights Act (Bora), which states everyone arrested or detained has the right to refrain from making statements.
Kahui case
Twins Chris and Cru Kahui, 3 months old, suffered fatal head injuries in 2006; their extended family maintained silence during police investigation.
Legal concerns
Legal experts warn the policy flips presumption of innocence and risks miscarriages of justice, especially for vulnerable individuals.
Teina Pora case
Teina Pora was wrongly convicted of rape and murder after a false confession made over four days of police interviews with no lawyer present.
Political reactions
Labour leader Chris Hipkins cautioned about the policy, noting National backtracked on similar proposals in 2011; Act's David Seymour called for more evidence.
Opposition stance
Opportunity party said the right to silence is a fundamental protection and National lacks evidence to justify removing it.
Implementation
The policy requires a coalition re-election and parliamentary majority to pass into law, with potential select committee review.
Expert opinion
AUT Law School Professor Warren Brookbanks warned the policy could harm vulnerable people and urged thorough investigation before legal changes.
Bottom line
The policy might aid justice for guilty parties but risks innocent people being caught in the middle and could be easily sidestepped.
The main idea
National's proposed law criminalizing silence for those at child murder scenes risks undermining justice for vulnerable people.
