tmar
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Sarah Ristevski’s testimony could decide Borce Ristevski’s fate
HOW the testimony of Sarah Ristevski could make or break the case against her father, who has been charged with killing her mother.......
At a hearing this week, Magistrate Suzanne Cameron told the court that Sarah Ristevski, 22, would need advice in relation to her rights in giving evidence about her father.
Mr Boas said Ms Cameron was referring to a provision that allowed the children of defendants to refuse to testify against their parents, in the same way a husband or wife cannot be compelled to give evidence against their spouse.
“Whether or not a family member is compellable is a balancing exercise for the court,” Mr Boas told news.com.au
“The court balances the impact of compelling the witness to testify with the impact on the relationship and weighs that against the nature and gravity of the offence and the interests of justice being served.
“So she needs to be advised that she has the right before she is called to testify. If the judge makes the decision that her evidence is needed, compels her to give evidence and she refuses, she can be charged with contempt of court.
“Then it becomes quite a serious matter that can see a person jailed for anywhere from three months to a year.
“It really depends just how crucial Sarah’s evidence is to the prosecution case and we don’t know that yet.”............
“All witnesses will be asked to remain outside the court until such time as they have completed giving evidence.”
However, because of their blood ties to the defendant, the siblings are not banned from talking to each other or their father.
“Generally you don’t have contact between the accused and prosecution witnesses and bail conditions will say don’t contact witnesses or engage in activity that can be considered unreasonable interference,” Mr Boas said.
“But in this case there is nothing to stop Sarah from communicating with her father or visiting him in jail and nothing to prevent her from discussing the case with him.”
http://www.news.com.au/national/cou...e/news-story/b9e580f9b88e98a7722997852921ba8e
Soso,
If Judge requests Sarah testifies, and she refuses, she may not be charged with 'contempt of court': (Judge feeling she has been through enough!!!) would Jury be aware of this?
Perhaps not!