The Language Fog !

A recent trial was aborted when it was decided that the version of evidence presented by an interpreter may have substantially differed from that tendered by the accused.  A young Chinese woman was facing a judge over the accuracy of information she gave to an accountant that resulted in a false tax return being prepared - and that this was later used to falsely support an application for a loan.    The judge noted that the interpreter often prefaced what she interpreted with   "Well Anyway "- which seemed to indicate her appraisal rather than the literal wording used.  The judge ordered a retrial at a later date.

In serious court matters which involve those not competent in the English language interpreters are supplied and they receive their qualification and grading from the  National Accreditation Authority for Translators and Interpreters.  In this case, the interpreter was graded at level 3.   The more complex the evidence involved, the higher grading of the interpreter required.  The quality of the interpretation can be vital if it rests on nuances and the intricacies of how some words apply in other vocabularies.

Australia is a country with an ever increasing population born overseas and to whom English is a second language.  While interpreters are required as a matter of course in the higher courts the vast majority of cases appearing before a local magistrate struggle with language difficulties.  It is not uncommon for an accused to be accompanied by a friend or family member - and sometimes a child - to try and act as an interpreter.

It is also common for an accused to feign ignorance of English in the mistaken belief that this will aid his or her defence.  It is often claimed that because of a lack of English language skills, the law broken was unknown to the accused.   We recently had a recent Middle Eastern arrival claim that he didn't think that rape would be illegal in this country.

It seems that a rule of thumb division applies to the need for an interpreter in our legal system.  If the case before a court has even the possibility of a prison sentence as the likely outcome, not only will the accused get legal guidance from a court appointed lawyer but an interpreter will be supplied as a matter of course.

It seems to be the protocol that when facing a magistrate over a "minor matter " which will probably end with either a caution or a small fine the accused has the responsibility of overcoming any language difficulties.  Even the most recently arrived will usually be in contact with others from the same race who have acquired proficiency in English or at least elders from whatever religion the new arrival practices.  It would be unusual not to find volunteers willing to help with such language matters.

One of the problems of our multicultural approach is that we no longer urge our new arrivals to make an effort to learn the English language.  In earlier times, English language classes were voluntary - but it was government policy to achieve a common language and constant pressure was applied  to achieve that result.  Now it seems that there has been an attitudinal change.  Asking someone to learn a new language is deemed an imposition and an affront to the multicultural ethos of a multi language society.

That seems to run against the grain of English fast becoming the world language of business - and the huge benefits of having a common language which all citizens understand and use to communicate !