Letter from the President to the Daily Telegraph concerning barristers rules and cross-examination

12/04/2008

The President has written to the Daily Telegraph concerning the article "Lawyers to fight victims' rights" from yesterday's edition.

�The Daily Telegraph today published an edited version of the President's letter. The full text of the letter�sent to the Telegraph is set out below:�

Janet Fife-Yeomans’ article in today’s Daily Telegraph "Lawyers to fight victims’ rights" misrepresents the position of the New South Wales Bar on proposed changes to the Barristers’ Rules on cross-examination of witnesses. Neither is there any truth in the banner "Lawyers to fight victims’ rights". No one condones the intimidation or harassment of rape victims, least of all the NSW Bar.

Contrary to the assertion that "barristers are making a defiant stand" against the proposals, the Bar Council has held a public consultation process on the rule changes as required by law, and has received a number of submissions which express a broad range of views. The Council has yet to consider those submissions. The barrister who cross-examines a witness in a trial does so in order to help the court get to the truth in any particular case. Not everyone who gives evidence that she or he has been assaulted is necessarily a victim. It is an essential part of the barrister’s role to help the court to determine who is. There are already rules that regulate the conduct of a barrister in court and when cross-examining witnesses. What the Bar is presently considering is whether it is necessary to make more rules and, if so, how to do it.

�

Anna Katzmann SC

President, New South Wales Bar Association

�

17 April 2008