A mother's fight for justice is expected to come to fruition, with changes to South Australia's 'victim impact statement' laws set to be voted on in parliament later this month. Jan Edwards wants to make sure the families of victims always have an opportunity to have their voices heard in court.
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00:00In the blink of an eye, he was gone.
00:06These are the words Jen Edwards wanted to say in court to the driver who ran over her
00:10son Jason two years ago.
00:13But because the driver was convicted of driving without due care, the magistrate found the
00:18charge didn't directly relate to Jason Edwards' death.
00:21It meant the family wasn't able to read their victim impact statements in court.
00:27Everybody has a right to express their grief and to let the other side know their grief
00:34and their trauma that they're going through.
00:37I don't think it's very fair that someone can make that decision for you being the victim
00:45that he's left behind.
00:46The legal barrier the Edwards family faced caught the attention of an upper house politician.
00:52It's actually a loophole that we genuinely, I think as a parliament, didn't think existed.
00:58And I know that my discussions initially with the government were this never should have happened.
01:04Under current laws, magistrates decide if victims can give impact statements in court,
01:09but only when a person's suffering, injury or loss is a direct result of an offence.
01:14Connie Benares is now pushing for parliament to amend that, meaning families like the Edwards
01:19would have their say.
01:21Regardless of whether there is a direct connection with the commission of an offence, a family
01:29or a victim will be able to provide a victim impact statement to the court.
01:34Connie Benares says there's support from all sides of politics for her amendment to the
01:38Sentencing Act and it's expected to pass parliament this month.
01:43I think this is one of those days in parliament where we all come together and I suppose appreciate
01:49the real life impacts that our laws have on families.
01:53It's a change the Edwards family says Jason would be proud of.
01:57Good on you mum, he'd be screaming how fabulous he would be and he is, he is.
02:06A legacy leaving an impact for victims.