CRIMINAL BAR ASSOCIATION OF NEW ZEALAND INC. PO Box 135 Shortland Street Auckland Phone (09) 379 8330 (09) 303 3590 Fax (09) 379 6433

PRESS STATEMENT

There is no empirical basis for the claim by Rape Crisis Dunedin that only 2% of cases that make it to court were based on fabricated claims says Len Andersen, president of NZ Criminal Bar Association. The only way it could be established a claim is fabricated is if the complainant admits lying and no one can know how many people are convicted when the evidence against them is fabricated. Incentives for fabricating such complaints include anger at relationship breakdowns and entitlement to payment from ACC. The support that is provided for people identified as victims makes it very difficult for them to admit what they have said is untrue.

The situation was highlighted by a 13 year old complainant admitting in Court in Dunedin whilst being cross-examined that she had fabricated evidence against a defendant who had spent 10 months in prison on remand.

The problem in these cases is that there is often no evidence other than the evidence of the complainant and, if the jury believe the complainant, then a conviction will follow. It emphasises the importance of defence counsel being able to properly cross examine child witnesses and the Criminal Bar Association has opposed attempts by some Judges to limit the ability of defence counsel to effectively cross-examine such witnesses.

Len Andersen

President

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