The Rape Crisis Centre has welcomed news the New South Wales Director of Public Prosecutions (DPP) has complained about Sydney barrister Tania Evers’ conduct.
The judge repeatedly warned Ms Evers about her aggressive questioning of the teenager, who was 13 when she was allegedly sexually assaulted. He aborted the trial in its fifth week, meaning the girl will face a retrial later this year. DPP Nicholas Cowdery has asked the Legal Services Commissioner to investigate the barrister’s conduct.
Rape Crisis Centre spokeswoman Karen Willis has told ABC Sydney 702 Radio she believes the cross-examination was more about wearing down the alleged victim than trying to establish the facts of the case.
“It’s not about justice, it’s about getting the person to a stage where they’re not capable because they are so stressed and then [not] answering questions in a clear and concise way,” she said. “Then a person makes a mistake and that is used to say, ‘She’s an an unreliable witness, she is obviously a liar’… In no other crime matters would complainants or police witnesses be treated in this manner. Particularly in this case where she’s a little girl, it’s just a shocking way to treat somebody who’s already gone through a most appalling experience.”
Ms Willis says many judges fear putting a stop to aggressive questioning would risk an appeal.
“I ask anyone out there who’s got a child to think what it would be like if there was information that you wanted to get from a child,” she said. “If you questioned them non-stop for three days – asking them to repeat the same story over and over again, indicating that you didn’t believe them, that they had other motives for their story, that in fact they were making it up – at the end of it, you’ll not only have an incredibly distressed and distraught child, you’ll probably also have a child that’ll tell you anything to make you stop.”
NSW Attorney-General John Hatzistergos wants rules changed to prevent barristers intimidating rape victims. Mr Hatzistergos is pushing for lawyers to be forced to refuse to engage in harassing questioning of victims.
“We’ve been encouraging the Bar to come up with rules that I would believe make a significant difference to stop behaviour which can involve re-traumatising a victim…” he said. “The association has written to me, indicating they are prepared to move in this direction. They’ve put up some draft rules, they’ve sent that around for consultation, not only amongst its members but also other stakeholders. It’s currently in the process of resolving those changes. I’m anxious to see that that process is concluded as soon as possible.”
Ms Evers was not available to comment on the complaint against her.
http://www.abc.net.au/news/stories/2008/04/16/2218578.htm?section=australia
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Audio: The Rape Crisis Centre’s Karen Willis and ex-magistrate Barbara Holborough on the case (Local Radio) http://mpegmedia.abc.net.au/news/audio/audio/200804/20080416-rape-complaint-iv.mp3
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