Polygraph - Admissibility of Polygraphs in Court - Australia

Australia

The High Court of Australia has not yet considered the admissibility of polygraph evidence. However, the New South Wales District Court rejected the use of the device in a criminal trial. In Raymond George Murray 1982 7A Crim R48 Sinclair DCJ refused to admit polygraph evidence tending to support the defence. The judge rejected the evidence because

  1. The veracity of the accused and the weight to be given to his evidence, and other witnesses called in the trial, was a matter for the jury.
  2. The polygraph "expert" sought to express an opinion as to ultimate facts in issue, which is peculiarly the province of the jury.
  3. The test purported to be expert evidence by the witness who was not qualified as an expert, he was merely an operator and assessor of a polygraph. The scientific premise upon which his assessment was based had not been proved in any Court in Australia.
  4. Devoid of any proved or accepted scientific basis, the evidence of the operator is hearsay which is inadmissible.

The Court cited, with approval, the Canadian case of Phillion v R 1978 1SCR 18.

Lie detector evidence is currently inadmissible in New South Wales courts under the Lie Detectors Act.

Read more about this topic:  Polygraph, Admissibility of Polygraphs in Court

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