NSW;Row over laws, with alleged gang rapists to represent selves

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NSW;Row over laws, with alleged gang rapists to represent selves

By Lisa Davies

SYDNEY, Aug 29 AAP - Two brothers accused of gang raping teenaged girls remain determinedto represent themselves at trial but a row has erupted over legislation that could preventthem cross-examining their alleged victims.

The pair, their two younger brothers and a friend have been charged with sexually assaultingor gang raping two girls, aged under 18, in Sydney's west between January and July lastyear.

The accused, all aged between 16 and 23, cannot be named because two were aged under18 at the time of the alleged attacks.

In July this year, the two older brothers sacked their legal representatives, tellingthe court they wished to represent themselves.

But NSW Supreme Court Justice Brian Sully today told them it would be in their bestinterests to appoint counsel.

"All kinds of difficult questions of law and of fact are going to emerge in this trialand it's essential that there not (not) be accused people adrift without any kind of professionalrepresentation at all," he said.

Justice Sully then asked legal aid representative Michelle Crowther to meet with thebrothers in a bid to change their minds.

However after a brief discussion with the pair, Ms Crowther returned to court and said:"I was unsuccessful, the accused want to represent themselves, they will not be moved."

The trial is set to begin on September 15, but the NSW government is trying to fasttrack legislation preventing accused rapists from cross examining their alleged victimsin court.

But in a move which could disrupt the proposed legislation's passage into law, bothJustice Sully and Crown Prosecutor Margaret Cunneen labelled the bill "unworkable."

Ms Cunneen described it as "knee-jerk legislation reaction" to the case, into which"no thought had been put in yet by the (Director of Public Prosecution's) office."

Justice Sully said it was "imperative" that all lawyers involved in the case consultthe lawmakers responsible for this "sorry interference".

"It (legislative change) had better be done in a way that's workable, and this is certainlynot (not) workable," he told the court.

The court heard that the proposed legislation would require the court to appoint a"person", not necessarily legally-qualified counsel, to be the mouthpiece between theaccused and the alleged victims.

It was possible this person may only be appointed to the case at the 11th hour, evenas late as the morning of a trial, Ms Cunneen said.

"It would be ludicrous to expect someone to turn up on the day and pick it up," she said.

Justice Sully agreed, commenting: "How on earth can it be expected that they have thefaintest idea what questions are required."

A final pre-trial mention will be heard before Justice Sully on Thursday, September 4.

The trial, due to begin on September 15, is expected to last six weeks.

Comment was being sought from NSW Attorney-General Bob Debus.

AAP ld/hn/ldj/bwl

KEYWORD: GANG NIGHTLEAD