Editor, West Australian, Sir: In response to Allen Jacobsen’s “Liberty the loser” (Letters, 1 Sept 09), Mr Jacobsen is right when he says I believe the Bill of Rights will enhance the penal and the justice systems for the acquitted in Australia. Bu it is not right to add the confusion of the British system where Mr Jacobsen believes judges can fall into the trap of misinterpreting the legislation. For example, if the Defendants Cost Act, which WA has enjoyed for the past 30 years, is extended to the Superior Courts it can’t be misinterpreted by judges, The Act makes it quite clear that judges have not got discretion in awarding costs, and is quite clear that if the prosecution withdraws the case or the defendant is acquitted, the defendant must be awarded their legal costs.
If Mr Jacobsen and others stop scare mongering and support a Bill of Rights, the rights of all classes of defendants in criminal cases will be supported, particularly if the legislation is kept simple and clear so that it can’t be misinterpreted.
Brian Tennant
Civil Liberties Australia
1 Sept 09