00:00Government and independent senators posed questions over the practicality and efficiency of the Victims' Rights Bill in its current form.
00:09The bill expressly states that it does not create enforceable legal rights or civil causes for action.
00:17In practical terms, it means that the victim who believes he or she was not properly informed or treated does
00:23not necessarily have legal remedy.
00:25Some may therefore argue that the legislation creates expectations without enforceable consequences.
00:33However, Government Minister Wayne Sturge does not believe such a move would augur well for the state.
00:39You are going to bankrupt the state. Because if you go by their non-compliance, and non-compliance may be
00:53as a result of workload,
00:56but in many cases in the courts you see non-compliance as a result of the laissez-faire attitude of
01:02the police.
01:05So, if you give rights, what you are going to do is open the floodgates.
01:10And if the detection rate is 10%, you have 90% of the other victims able to sue the Attorney
01:18General and win money,
01:20because the police don't do what they are supposed to do.
01:23But he notes, that does not mean the legislation is toothless.
01:27The Victims' Rights Bill is intended to empower victims throughout the investigative and judicial processes,
01:34and permits victims to apply for compensation from the offender or even the state,
01:41entitles the victim to information and updates concerning the investigation and prosecution,
01:47and establishes a complaints system for victims, among other provisions.
01:52We saw 58,000 crimes being reported between 20 to 24.
02:06In each instance, if a victim feels dissatisfied, could you imagine what happens to the justice system?
02:15And the judicial review, every single breach?
02:19This legislation is geared towards, as Mr. Senator Lewis said,
02:25a change of culture, a change of behavior, an encouragement, a persuasion, a guideline.
02:35Let us move forward towards victims' rights.
02:39But while senators support victim empowerment,
02:42one senior counsel raised the red flag over one specific provision in the bill.
02:48Whether a victim wishes to be contacted,
02:54well, that is not how the criminal justice system works.
02:58Because if you make a report to the police,
03:02you ought to know that the police are entitled to contact you.
03:08You are not in a position to say,
03:12look, Mr. Police Officer,
03:14I made a report of a very serious offense having taken place with respect to me,
03:20but I don't wish to be contacted anymore about this.
03:24I mean, it will mean that it opens the door for people to influence victims.
03:32Senators also raised concerns over the bill putting undue burden and fault on prosecutors
03:39and other functionaries who may be inhibited by external factors,
03:43such as manpower constraints and inadequate resources.
03:48Both independent and opposition senators called for the bill to go before a joint select committee.
03:54As an independent senator, I have one vote.
03:59So even if I propose 30 amendments, I have one vote.
04:05I am speaking in the Senate today in the hope that some consideration will be given
04:13to the possibility of a joint select committee,
04:17because in my very respectful view, this cannot be fixed, even if we wanted to.
04:25This cannot be fixed only by amendments.
04:28However, the government was not in agreement.
04:31There's no legislation that comes before a parliament that starts off perfect.
04:38Even if you go before a joint select committee, it's not going to be perfect.
04:43To find every reason to not pass this, this is analysis paralysis.
04:49Renasa Cutting, TV6 News.
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