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Aboriginal Law Bulletin |
In the Appeal of MD
Northern Territory Supreme Court, Nader, J.
6 September 1964
Casenote by Allan Robinson
This was an appeal against a magistrate's decision to allow a record of interview by a juvenile into evidence after a Legal Service solicitor who police had told could be present at the interview was not informed when the interview took place. There was no question that the confession was voluntary, only whether it was fair to admit it into evidence.
His Honour found that the magistrate had erred in finding, and even taking into consideration the possibility, that' the defendant would have been advised not to make any statement' or that the solicitor would 'have frustrated the efforts of the police in investigating the shooting offence'.
Nevertheless, His Honour ruled that in the circumstances of that case it was not unfair to admit the R.O.I. as the detective knew that the solicitor had never spoken to the appellant, that a field officer had spoken to him, that the appellant's mother was present, that the offer to have a field officer present was declined and that there had been no request to have the solicitor present.
His Honour emphasised that:
'It would be a mistake to construe (the decision) as implying that police can wilfully disregard an arrangement made with a solicitor for the solicitor's presence at an interview with any confidence that a confession emanating therefrom will be admitted into evidence.'