Malcolm Harbrow from No Right turn is a nasty spiteful hard left acolyte, but occasionally he stumbles in the right direction.
Today he lambasts Labour for proposing to overturn our Bill of Rights and remove the presumption of innocence and the onus of proof onto the defence in rape cases.
This clearly violates theĀ presumption of innocenceĀ affirmed in the Bill of Rights ActĀ (not to mention theĀ Universal Declaration of Human Rights,Ā ICCPR, and every other major human rights instrument). Under that presumption, the state has to prove each and every aspect of its case (“the burden of proof is on he who declares, not on he who denies”). That’s clearly not the case under Labour’s proposal.
Our Supreme Court has already found that theĀ presumption of supplyĀ in the Misuse of Drugs ActĀ violates the Bill of Rights ActĀ for exactly these reasons. They will draw exactly the same conclusion about this proposal – as will the UN Human Rights Commission.
I accept that rape cases are difficult to prove. This change will make them remarkably easier. If Labour gets its way, there will be a lot more convictions for rape. And a lot more of them will be of innocent people. We presume innocence because we believe it is far better for the guilty to go free than for the innocent to be punished. Labour clearly does not believe that any more. Ā Ā Read more »