South Australia: New oath in Court
Wednesday 9 October 2013 @ 1.21 p.m. | Judiciary, Legal Profession & Procedure
The South Australian Law Reform committee is preparing a list of options for South Australia’s proposed new oath after the Attorney-General John Rau requested a shortlist of options that would feature new phrasings for a uniform court statement.
The shortlist will contain options for a simple and inclusive oath to be used in courts. Eliminating references to God and Allah is part of the proposal. It is envisaged that witnesses will all recite the same single statement to pledge to tell the truth in South Australian courts. Currently there are several oaths offered to witnesses preparing to give evidence in court, such as swearing on the Bible or Koran, or a non-religious "affirmation''.
Former Thinker In Residence Judge Hora has claimed some people would not feel obliged to tell the truth under the current oath because it did not hold any meaning.
One example of this, given by Law Reform Institute Deputy Director Helen Wighton is residents of tribal Aboriginal lands. Of the 3000 people who live in the APY Lands, in the South Australia’s Far North, a majority do not speak English and practice a semi-traditional lifestyle.
However not all interested parties are on board with the uniform oath proposal. Uniting Church SA moderator Rob Williams commented the result would be two oaths, one religious and one not.
"It would seem to make more sense to have one affirmation for people who are not religious and also one for people who would prefer to swear on the Bible or Koran."
The proposed changes will be released as a discussion paper for public comment later this month.
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