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Heather du Plessis-Allan: Laws around trial don't need changing

Author
Newstalk ZB,
Publish Date
Mon, 25 Nov 2019, 3:53PM

Heather du Plessis-Allan: Laws around trial don't need changing

Author
Newstalk ZB,
Publish Date
Mon, 25 Nov 2019, 3:53PM

I think we need to be very careful about rushing to demand changes to our court system in the wake of the Grace Millane murder trial.

There are a lot of people who are outraged about what they see as victim blaming. They don’t think that the jury, and ultimately all of us, should’ve been told Grace liked choking and BDSM, and they think that evidence was used to paint Grace as a scarlet woman, who was essentially asking for it.

What these people are now demanding is new rules to prevent this kind of information being used in murder trials. There’s a Bill before parliament right now that will change the way we conduct rape trials, and they want that now extended to murder trials.

Now, I’m sure these people are coming from a good place, and I’m sure that all they’re wanting to do is make easier for family, like Grace’s parents, and preserve the dignity of young women like Grace.

But what they’re asking is not possible, because they’re essentially asking that people accused of murder not be allowed to fully defend themselves.

We might not like what we heard and the level of detail that we heard, and we might not like the man who murdered Grace and what he did, but the choking and BDSM evidence was directly relevant to his defence argument.

He argued that he and Grace were intimate, that that intimacy involved choking, and that it was an accident when he killed her.

The evidence proving that he and Grace might have embarked on that kind of an encounter is relevant to his defence. This is the price that we pay for a fair justice system. If we are going to lock people up for their crimes, we have to be sure they did it. And to be sure that they did it, you have to let them mount the best defence they can. You can’t put limits on it because you find the evidence uncomfortable

In the end, the jury didn’t believe him, and he’s gone to jail for his crime, and this is proof that the system works. The jury didn’t blame anybody other the man who murderer Grace.

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