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More than 35 criminal cases in South Australia possibly affected by child abuse bungle

September 26, 2017 ·  By Nick Harmsen for www.abc.net.au

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A bureaucratic bungle in South Australia that prevents recorded evidence from suspected child abuse victims and other vulnerable witnesses being tendered in court may be affecting more than 35 criminal cases.

The administrative error means specialist interview training courses conducted by Child Protection Services staff at the Women’s and Children’s Hospital were not properly accredited, as required by law.

The child protection staff are responsible for conducting interviews for children under the age of seven and those with serious communication difficulties.

Last week the ABC revealed at least 15 cases — including two currently at trial — had been implicated in the bungle.

ABC News has now obtained a briefing from Assistant Police Commissioner Philip Newitt to SA Attorney-General John Rau, which outlined a further 22 cases may have been affected.

There are 10 currently under active investigation by police, six before the Magistrates’ Court, and a further six being adjudicated by the SA Police’s Prosecution Services Branch.

In his memo to Mr Rau’s office last Friday, Mr Newitt said in the absence of a law change, police had a number of strategies in place for dealing with the problem.

“Prosecutors will assess the circumstances of each case, particularly around the existence of other corroborative evidence and the age, capacity and impact on the victim giving oral evidence in chief or being re-interviewed,” he wrote.

SA Health has apologised for the error and the State Government has pledged to introduce a retrospective fix for the problem into Parliament this week.

Liberals to support retrospective fix

Opposition attorney-general spokeswoman Vickie Chapman said the Liberals would support legislation preventing the need for children to be interviewed for a second time.

“We’ve seen the amendments the Government has proposed. I have no doubt they’ll have our support,” she said.

But Ms Chapman said the Government should stand condemned for not making a public statement when it learned of the mistake.

She said victims’ families should be informed.

“The first thing the Government must do is advise the parents that they’ve got a problem,” Ms Chapman said.

“Number two, that they’ll need to go to Parliament and try to resolve it.

“Number three, that they’ll be working to ensure these children are not put through another interview process.”

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