Thank you, Mr. Speaker. I’ve spoken in the past about protection against family violence and the emergency protection order. These orders are essential in protecting domestic violence victims and in many cases they are a very valuable tool in our society. I should make sure it’s clear on the record that I have no issue, whether personally or in my pursuit on this topic, that we should take away EPOs. My concerns are based on the fact that they have to be built around and based solely on the truth. Which now brings me to the issue.
We have seen that emergency protection orders can be issued based on false information. When it happens, it causes great damage to the person who has been falsely accused. The falsely accused person even has to cover their own legal costs. Then they have to seek restitution from the courts themselves; again more costs. We have to really hope and pray that the restitution actually follows through, which in all cases, in my belief, is very unlikely.
We don’t account for the mental duress or social duress placed on the falsely accused; yet another part that’s ignored about this new-found victim. It is much the same the victim of perjury, liable or slander. All they want to do is seek civil remedies here with the support of the Department of Justice. It is not fair that unintentional circumstances cause us to further penalize this new-found victim.
The Justice Minister, if you had heard earlier when I’d asked him to help me look for solutions, has now become the champion of the status quo. All I’ve asked for is a remedy so the falsely accused can help themselves. Their answer is: Go to court, and you pay, by the way.
I’m not a lawyer and I certainly don’t have all the answers, but the problems are pretty obvious. We, as legislators, must work hard to make sure fairness is there for all citizens who go to court. The falsely accused are being railroaded by our system and someone has to stand up. I would have thought the Justice Minister would be one who would be interested in this.
Lady Justice may be known as being blind when it comes to choosing which side of justice, but I can tell you, she can clearly see that there is a wrong here.
Later today I will be asking questions to the Minister of Justice about the falsely accused and about what he can do to finally take some serious action on this particular issue, because we cannot stand for the falsely accused to become further victims.
Thank you, Mr. Hawkins. The honourable Member for Monfwi, Mr. Lafferty.
