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Brittany Higgins statement after the trial aborted., page-115

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Furpo2

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28/10/22

11:26

Post #: 64452932
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Originally posted by Reaper11: ↑

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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I would argue that silence is not the problem in this case.

Former PM's apology and comments, other politicians commenting;
newspaper coverage and Higgins out of court statements.
All this put the "fair trial" concept in the dustbin.
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