We don't have an absolute right to silence without prejudice. For example: two people go out on a boat together, one person returns and when asked what happened to the other person they refuse to comment. That refusal to divulge simple facts with regard to what the circumstances suggest they must know, can be used as prejudicial evidence against them. A case with similarities to the above is outlined in the link:
http://classic.austlii.edu.au/au/journals/SydLawRw/1997/20.html
Reaper.
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- Brittany Higgins statement after the trial aborted.
Brittany Higgins statement after the trial aborted., page-112
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