SA Liberal Government urged to change Evidence Act to allow police videos to used in domestic violence court cases

PRESSURE is mounting on the Liberal Government to allow police to use compelling video evidence when prosecuting domestic violence court cases, in a bid to ensure more abusers are convicted.

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LAWS to allow police to use compelling video evidence during domestic violence court cases to convict more abusers must be fast-tracked by the new Liberal Government.

SA Police, the Chief Magistrate, frontline welfare workers and Opposition MPs support changing the Evidence Act to allow videos of domestic violence incidents, or interviews with victims, taken by police to be shown in court.

State Parliament’s Social Development Committee recommended as far back as April, 2016, that the change be made and the previous Labor Government had pledged to draft legislation.

However, it was not put to Parliament before it rose ahead of last month’s election.

A spokeswoman for the new Liberal Government said the proposed change had broad support and Attorney-General Vickie Chapman “is interested in seeking feedback about this measure”.

“(Ms Chapman) is supportive of ensuring domestic violence victims are not required to appear in person in front of their accused (abuser),” the spokeswoman said.

Video evidence is not usually allowed because it deprives an accused of the right to face their accuser and goes against legal principles which limit hearsay evidence in court.

Historically, more than half of domestic violence cases do not result in a conviction because victims withdraw charges or do not want to give evidence in court.

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SA Police Commissioner Grant Stevens has previously supported the use of videos recorded by officers’ body-worn cameras, taken immediately after an assault, as evidence in courts to show the “real harm” done by abusers.

About 600 police officers currently activate body-worn cameras while on duty. Assistant Commissioner Scott Duval said last week that changing the Evidence Act was “something we would support”.

“There are other states that are at different levels of maturity with allowing what we call evidence in chief, which is video recorded evidence, to be accepted by the courts,” he said.

“It’s just (about deciding) the right time for SAPOL to make a representation (to authorities) and do it.”

NSW courts were the first in the nation to accept video statements in 2015, resulting in more convictions in domestic violence cases.

SA Chief Magistrate Mary-Louise Hribal has said allowing the use of video in domestic violence cases would also encourage more offenders to plead guilty because the evidence would be difficult to dispute.

Opposition police spokesman Lee Odenwalder said he supported the change in principle but MPs would need to consider issues such as victim consent for the footage to be shown and their “subsequent availability for cross examination” in any new laws.