MAY 16, 2018
She can also be called by the defence as a witness and of course both sides have the opportunity to cross-examine her.
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.”
What will Sarah Ristevski say in the witness box?