CRIMINAL CODE AMENDMENT (WITNESS INTIMIDATION) BILL 2002 Second Reading Speech

Northern Territory Second Reading Speeches

CRIMINAL CODE AMENDMENT (WITNESS INTIMIDATION) BILL 2002

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Madam Speaker, I move that the bill be now a second time. The purpose of this bill is to provide witnesses with protection from intimidation. The new provisions will protect a witness who is about to give evidence, will have to give evidence in the future or has already given evidence. As part of this government’s commitment to drug law enforcement, this amendment will strengthen the operation of the three point plan. A successful drug conviction is often dependant upon a witness giving evidence. If we do not prevent witnesses from being intimidated, it is likely that they will be reluctant to come forward and give their evidence. This can result in a witness disappearing on the day of the trial which will effectively undermine our criminal justice system. This must be avoided at all costs.

Witnesses must feel safe and secure in the knowledge that there are measures to protect them if they do give evidence. It is therefore an important part of our tough-on-drugs strategy that a witness who is about to give evidence, whether that be just before the trial or months or years prior to the trial, should not be threatened or intimidated by any person nor suffer abuse or threats by any person after having given that evidence. Nor should any person suffer intimidation by way of indirect means. For example, if one family member is called as a witness it may be that intimidation is directed at their partner, their children, other family members or friends. Such intimidation will also be caught by this amendment to the Criminal Code. Any person who exhibits any intimidatory behaviour towards a witness or others will suffer severe penalties.

A concerned parent also raised this issue with me when her son had been subjected to threats and abuse from an accused after her son had given evidence in a court case. Whilst police were aware of the problem and are sympathetic to the situation, they were unable to assist because it is not an offence under the Northern Territory legislation to intimidate a person who has given evidence. While the Criminal Code contains offences of broad application which can be used in some circumstances of witness intimidation, there is no specific offence as contained in section 36A of the Crimes Act of the Commonwealth. Section 36A makes it an offence to intimidate a person for or on account of his or her appearance as a witness in judicial proceedings.

Consequently this bill will in insert a similar provision to section 36A of the Crimes Act of the Commonwealth into our Criminal Code to address this issue. The maximum penalty of seven years will be imposed to deter such behaviour and provide consistency with sections 95, 100 and 101 of our Criminal Code that deal with corrupting or threatening jurors and corrupting and deceiving witnesses.

The criminal justice system relies on the cooperation of members of the community to come forward and give their evidence and it is totally unacceptable that anyone who does so should be harassed and threatened. This type of behaviour will not be tolerated. Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

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