Body-worn police camera footage to be used as evidence in court to convict domestic violence abusers

Body-worn police camera footage may soon be able to be used as evidence in court to convict domestic violence offenders currently escaping punishment because their victims are being pressured not to testify. Sweeping law changes, being drafted by the State Government, would mean perpetrators could be found guilty of assaulting their partners without witnesses having to be in court. It comes a day after The West Australian revealed a Kimberley magistrate had sent an SOS call to politicians because up to 90 per cent of family violence cases in the region were being dropped because victims were too scared or disillusioned to testify. WA Attorney-General John Quigley said yesterday the Government was drafting a Bill that would facilitate use of police officers’ body-worn camera footage as a witness’ evidence-in-chief and enable the court to rely on that evidence should the witness refuse to attend court or recant their statement. “One of the unfortunate features of domestic violence is that victims sometimes are too frightened to give evidence against their attackers, despite wanting the violence to stop,” he said. “It is important to confront this complex issue in a way that minimises re-traumatisation of the victims and our Parliamentary Counsel’s office is in an advanced stage of drafting a new evidence law for WA. “In practice, the law as it currently stands requires that a complainant in a family violence case gives evidence in court and is available for cross-examination on behalf of an accused. “These (new) measures, designed to increase protections for victims of family and domestic violence and hold perpetrators to account, put WA at the forefront of the fight against family and domestic violence.” WA Police Commissioner Chris Dawson said police were supportive of the potential law reform. “Body-worn cameras are turned on in any incident where we believe we’ve got the right conditions ... but ordinarily police will have their body-worn camera capturing who they’re talking to and what incident they’re dealing with,” he said. “There is some work and some legislative change that needs to take place if any discussions ... between police and a victim for instance, can be adduced as first-person evidence in a court of law. That’s something police are very supportive of and we’re getting progress and support from other agencies.” Family Violence Minister Simone McGurk told The West Live podcast host Jenna Clarke the Government’s response to the scourge of domestic violence “isn’t working” and there is an urgent “need to do things differently” in the Kimberley. “We need to recognise that we need to have places where victims of domestic violence can come forward and get advice and assistance about how to effectively be safe and also to bring those perpetrators to account.” Ms McGurk said authorities need to explore the “intersections” that hindered reporting, such as if women are people “reluctant to come to the police because they’re worried there will be child protection implications of coming forward”.