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Witness anonymity Bill tabled to address gangs crisis

Kim Wilkerson, the Attorney-General and Minister of Justice (File photograph by Akil Simmons)

Witnesses in gang-related court cases, as well as officials and the wider public, could be afforded greater protection, thanks to a Bill under consideration by MPs.

The Justice and Community Safety Reform Act would give witnesses the chance to remain anonymous during investigations and trials involving gang violence.

It would also allow prosecutors the chance to appeal bail for defendants accused of certain offences and crack down on threats and attacks against members of the judiciary.

Kim Wilkerson, the Attorney-General and Minister of Justice, said the Act offered more tools to help the court safely tackle gang violence-related offences.

She added: “We cannot uphold the rule of law and keep our jurisdiction as one that is above reproach if there isn’t respect towards the judiciary and their ability to carry out their jobs.”

The Justice and Community Safety Reform Act was tabled during the House of Assembly on Friday and is expected to be debated during its next sitting.

Ms Wilkerson said the Act would amend the Evidence Act 1905 to keep witnesses anonymous during investigations, with judges having the power to maintain the anonymity throughout court proceedings.

She emphasised that court anonymity would not be automatic and that a judge must be certain the order was “absolutely necessary”.

Ms Wilkerson explained that a judge must be satisfied that the witness or someone close to them could face death, bodily harm or serious property damage if identified when speaking up.

The judge must also be convinced that anonymity would prevent “real harm to the public interest”.

The Attorney-General said: “This is a really important tool from an investigative and filing standpoint because we know that in many of the gang-related cases — and particularly when there have been murders — witnesses have been reluctant to come forward.”

To maintain fairness, Ms Wilkerson said, judges will direct jurors to not let anonymity colour their perception of the defendant.

She said the judge would also have to consider the witness’s credibility, the defendant’s right to know the identity of a witness and whether the witness provided “sole or decisive evidence in implicating the defendant”.

Ms Wilkerson said: “We believe that this tries to create that balance where there is another tool in the toolbox of a successful investigation and criminal trial, but at the same time understanding that there is a balance to be had with respect to the rights of the defendant.”

She added: “History has shown that there are cases that perhaps could benefit from anonymity, if we judge the number of unsolved murders where there’s been a reluctance for witnesses to come forward.”

The Act would also amend the Bail Act 2005 to allow prosecutors to appeal bail decisions.

Ms Wilkerson said the measure would assist the Crown if prosecutors were particularly concerned that a defendant may abscond, interfere with a case or commit other offences.

The legislation would allow defendants an opportunity to refer a refusal of bail to the Supreme Court for reconsideration.

It would also designate any attack or threat against a court official as a “high-level offence”, Ms Wilkerson said.

The Attorney-General said the approach was in direct response to senior magistrate Maxanne Anderson “raising the alarm” this month on the daily threats faced by court officers.

Ms Wilkerson said she was not aware of how many instances had happened, but knew they were on the rise and took place inside and outside courts.

She added: “It is critically important to this government that members of the judiciary are able to carry out their work without fear.”

Ms Wilkerson said a “census” would be created around assaults and intimidation of judicial officers, prosecutors and members of the legislator to better flesh out the appropriate consequences.

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Published June 29, 2026 at 6:29 am (Updated June 29, 2026 at 5:26 am)

Witness anonymity Bill tabled to address gangs crisis

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