In various parts of the world the criminal fraternity impose a death sentence on any of their own who do not observe the code of silence when approached by the police. It seems that this custom is being observed here by both the bikie criminal gangs and the illicit drug industry - and there are moves to introduce legislation to comply suspects to talk.
We are entering very dangerous territory. The very basis of law requires the prosecution to prove guilt - rather than the accused to prove innocence. Each arrested person is warned that " anything that they say may be used in evidence against them. " The legal fraternity advise them to be silent - until they have received confidential legal advice as to what they may or may not disclose to those seeking answers to questions.
Just to clarify that right of silence, when a person is called before a Royal Commission enquiry they are required to answer any question asked under threat of a prison term for refusal - but their evidence can not be used in any other court action that follows that Royal Commission. In effect, they have an indemnity that protects them from incriminating themselves.
What has sparked this demand for a law change to force suspects to answer police questions is the spate of gun play on our streets as criminals fight one another for territorial sovereignty. Innocent citizens are having their homes sprayed with bullets and the code of silence is frustrating police efforts to end these rampages.
Most people would agree that justice is being thwarted by the code of silence, but at the same time it would be so easy to transform the checks and balances that apply to our legal system into something that we dread - the imposition of a " police state " - which is what applies in some of the countries from which our boat people are fleeing.
Just as the Mafia are finding in Italy, patient police work eventually breaks any code of silence and while justice may seem slow - it eventually achieves success.
Convicting criminals will never be acceptable - if it comes at the price of civil liberties being trashed by an all powerful police bureaucracy !
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