Page 72 - Week 01 - Tuesday, 16 February 1993

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Question put:

That Mr Stevenson be suspended from the service of the Assembly.

The Assembly voted -

AYES, 9  NOES, 6 

Mr Berry Mrs Carnell
Mr Connolly Mr De Domenico
Ms Follett Mr Humphries
Mrs Grassby Mr Kaine
Mr Lamont Mr Stevenson
Ms McRae Mr Westende
Mr Moore
Ms Szuty
Mr Wood

Question so resolved in the affirmative.

MADAM SPEAKER: Therefore, Mr Stevenson is suspended from the service of the Assembly for three sitting hours.

Mr Stevenson accordingly withdrew from the chamber.

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (9.37): I wish to refute Mr Humphries's red herring the size of a whale when he says again that we are altering the burden of proof, that we are somehow tampering with the fundamentals of the Australian justice system.

Mr Humphries: I did not say that at all.

MR CONNOLLY: The Hansard will record - - -

Mr Kaine: He did not say that at all. Madam Speaker, on a point of order: I think the Minister ought to be asked to withdraw his statement. He is misrepresenting what Mr Humphries said, and he should be asked to withdraw that.

Mr Humphries: Yes, and I demand that he withdraw it, Madam Speaker.

MR CONNOLLY: Which particular bit do you want me to withdraw?

Mr Humphries: That I was saying that we should reverse the onus of proof.

Mr Kaine: Exactly the same position Mr Stevenson was in a few minutes ago.

MR CONNOLLY: I withdraw that, Mr Kaine. What I do say is that Mr Humphries said that we had ignored a fundamental principle, that this Bill in some way was undermining fundamental principles. He has spoken very eloquently about the presumption of innocence and the need for people to be acquitted so that innocent people are not sent to gaol. I had assumed that he was talking about the burden of proof, and that is why I made those remarks. Perhaps that was not precisely what he said. He was somehow suggesting that we were undermining that fundamental proposition.


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