Ms Caroline Counihan:

There are two elements to this. In the current system, there is no question that the primacy of the rights and interests of the accused must be properly represented before the court. However, the complainant, victim or prosecution witness also has rights. The fact that the accused’s rights have primacy does not mean the victim or witness has absolutely no rights. It would pose a real risk of serious harm and retraumatisation if such a cross-examination were allowed. It is a question of the lesser of two evils.

This is a special situation, in that the questions to be asked will be intimate and the potential for abuse is considerable. I am not just referring to instant abuse, but also a longer-term retraumatisation and damage. I am not saying someone should not be represented, as an accused person should always be represented.