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Salient. Victoria University Student Newspaper. Volume 38, Number 11. May 29, 1975
5. Departures from the Formal Rules of Procedure
5. Departures from the Formal Rules of Procedure
(A) Evidence
| (i) |
If any offence is merely committed by an organisation or body in the University and even if no conviction is obtained, then every officebearer of the organisation is deemed to be guilty of the offence and the onus is on him to show that he had no knowledge of the offence and that he had done all necessary to prevent its being committed. This is a reversal of the 'innocent until proven guilty' right of every citizen in a non-totalitarian society. |
| (ii) | Any document found in the possession of an officebearer or anyone helping an organisation and even a member of any organisation is prima facie evidence of its contents to prove that anything was done or intended to be done by this organisation. This provision, almost similar to the South African S.2(3) of the Terrorism Act is a clear violation of the hearsay rule which excludes as being unreliable any statement unless its maker can be brought to court and subjected to cross-examination to test its veracity. |
| (iii) |
If any document is found in the possession or control of a person then he is presumed until the contrary is proved, to be helping in the management of the organisation. These procedural provisions so insidiously inserted in the interstices of the amending Act are a devious method of aiding the prosecution to obtain an easy conviction. |
(B) Natural Justice
As noted earlier, the right to be heard is denied to students who are automatically suspended on being charged for criminal offences and automatically expelled if convicted as well as detained under the obnoxious Internal Security Act.