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-   -   IguanaGate (https://britishexpats.com/forum/australia-54/iguanagate-546201/)

Wol Jul 1st 2008 9:02 am

IguanaGate
 
Can someone explain to me how Della Bosca and Neal can "exercise their rights to refuse to be interviewed by the police" with reference to the Iguanagate affair?

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

I'm puzzled.....

bcworld Jul 1st 2008 9:11 am

Re: IguanaGate
 

Originally Posted by Wol (Post 6521877)

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

If the police choose not to arrest you, as in this case, then yes you can.

Wol Jul 1st 2008 9:17 am

Re: IguanaGate
 
In that case I'm not saying anything about any murder.

paddyo Jul 1st 2008 9:42 am

Re: IguanaGate
 

Originally Posted by Wol (Post 6521877)
Can someone explain to me how Della Bosca and Neal can "exercise their rights to refuse to be interviewed by the police" with reference to the Iguanagate affair?

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

I'm puzzled.....

Until someone has been arrested then they have the right to exercise that right, same as the UK. Then, the plod tend to say, 'ok then, we arrest you!'.

Wol Jul 1st 2008 10:33 am

Re: IguanaGate
 
I know you have the right to remain silent, but surely you cannot refuse even to *meet* with the police?

bcworld Jul 1st 2008 10:42 am

Re: IguanaGate
 

Originally Posted by Wol (Post 6522121)
I know you have the right to remain silent, but surely you cannot refuse even to *meet* with the police?

You still need to be arrested first before they can make you 'meet' with.

The Bloke Jul 1st 2008 10:47 am

Re: IguanaGate
 

Originally Posted by bcworld (Post 6522141)
You still need to be arrested first before they can make you 'meet' with.

Before then you can also be "assisting Police with their enquiries".:)

sonlymewalter Jul 1st 2008 11:04 am

Re: IguanaGate
 

Originally Posted by Wol (Post 6521877)
Can someone explain to me how Della Bosca and Neal can "exercise their rights to refuse to be interviewed by the police" with reference to the Iguanagate affair?

Does this mean that if I'm suspected of say murder I can exercise my right not to be interviewed?

I'm puzzled.....

She's a lawyer and knows how to play the game. unfortunately the law doesn't legislate for stupidity - and neither can she:)

paddyo Jul 1st 2008 11:35 am

Re: IguanaGate
 

Originally Posted by sonlymewalter (Post 6522204)
She's a lawyer and knows how to play the game. unfortunately the law doesn't legislate for stupidity - and neither can she:)

I actually drove past the Iguana waterfront club today, boy are they doing well out of all this!! Nice area too, Gosford and Woy Woy.

sonlymewalter Jul 1st 2008 11:46 am

Re: IguanaGate
 

Originally Posted by paddyo (Post 6522299)
I actually drove past the Iguana waterfront club today, boy are they doing well out of all this!! Nice area too, Gosford and Woy Woy.

You know what they say - bad publicity is better than no publicity:)

paddyo Jul 1st 2008 11:48 am

Re: IguanaGate
 

Originally Posted by sonlymewalter (Post 6522335)
You know what they say - bad publicity is better than no publicity:)

exactement mon brave!! Unless of course you are an MP, in which case it usually signals the end of your career!! In this case I certainly hope so!

Mrs Jackaroo Jul 1st 2008 11:55 am

Re: IguanaGate
 

Originally Posted by paddyo (Post 6522299)
I actually drove past the Iguana waterfront club today, boy are they doing well out of all this!! Nice area too, Gosford and Woy Woy.

Yep lovely isnt it - we were there for new years eve.

Wish I was there for igunagate too - bet it was a right laugh!! :rofl::rofl:

sonlymewalter Jul 1st 2008 11:56 am

Re: IguanaGate
 

Originally Posted by paddyo (Post 6522340)
exactement mon brave!! Unless of course you are an MP, in which case it usually signals the end of your career!! In this case I certainly hope so!

You're joking. That's what makes a politician:lol:

Swerv-o Jul 1st 2008 2:01 pm

Re: IguanaGate
 

Originally Posted by Wol (Post 6522121)
I know you have the right to remain silent, but surely you cannot refuse even to *meet* with the police?


If it's anything like the UK, then some offences will not carry a power of arrest with them, or may only be arrestable if 'found committing'. Examples in UK law include most traffic offences, minor public order offences and some deception offences.

In these cases, the Police are required to interview you, but it is entirely voluntary, and you can decline to be questioned. If this is the case, and you are in jeaopardy of being prosecuted, then you can be reported for summons (not sure what the Australian equivalent is) and the paperwork will be sent off to the court. the fact that you declined to be interviewed often goes against you, as the jury/magistrates can make an inference as to why you decided not to give your story at the time you had the opportunity to do so. So if you declined to be interviewed about a minor traffic offence, then come up with some fantastic story in court for your defence, the magistrates can effectively choose to ignore your court based testimony.

So in essence, it may well go against them if they have declined to be interviewed.

Does that make any sense?


S


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