David Farrar: An exception to the right to silence

Paul Goldsmith announced:

A re-elected National Government will make it a crime to remain silent and not disclose information relating to a child being murdered, National’s Justice spokesperson Paul Goldsmith says.

“New Zealanders will remember numerous high-profile examples throughout our history where children have been brutally murdered, and Police have been unable to identify the attacker because people have chosen not to share critical information with them.

“The right to remain silent is a fundamental principle, however, it should not be absolute when a child has lost their life and, for example, there are only three people in the house, but no one is talking.

“If re-elected, National will make it an offence under the Crimes Act to not disclose information to the police, when a person has been present at a location where a child 12 years and under has been killed. We will work with legal experts to create an exception to the general right to silence only in exceptional circumstances, involving the death of a child.

“It will carry a maximum sentence of 10 years in prison. It will apply when a child under 12 dies, and at the time of death, or leading up to the death, it is unequivocal that one or more adults were present.

People who murder children should be jailed. People shouldn’t be jailed for saying nothing. Those two concepts are in conflict. I think the acceptability of any policy would come down to how tightly they can define the offence so it is truly only in exceptional circumstances.

Of course what would be even better is if people don’t cover up for child murderers.

David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders