Grieving mother who was denied chance to read victim impact statement pushing for SA law change
The SA parliament is expected to debate an amendment to a law which, if passed, will give more rights to families reading victim impact statements in court. Jan Edwards was denied the opportunity to read her victim impact statement following the death of her son who was run over in 2022.
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00:00In the blink of an eye, he was gone.
00:05These are the words Jen Edwards wanted to say in court to the driver who ran over her son Jason two years ago.
00:12But because the driver was convicted of driving without due care,
00:16the magistrate found the charge didn't directly relate to Jason Edwards' death.
00:21It meant the family wasn't able to read their victim impact statements in court.
00:26Everybody has a right to express their grief,
00:29and to let the other side know their grief and their trauma that they're going through.
00:36I don't think it's very fair that someone can make that decision for you,
00:43being the victim that he's left behind.
00:46The legal barrier the Edwards family faced caught the attention of an upper house politician.
00:51It's actually a loophole that we genuinely, I think as a parliament, didn't think existed.
00:57And I know that my discussions initially with the government were this never should have happened.
01:03Under current laws, magistrates decide if victims can give impact statements in court,
01:08but only when a person's suffering, injury or loss is a direct result of an offence.
01:13Connie Benares is now pushing for parliament to amend that,
01:17meaning families like the Edwards would have their say.
01:20Regardless of whether there is a direct connection with the commission of an offence,
01:27a family or a victim will be able to provide a victim impact statement to the court.
01:33Connie Benares says there's support from all sides of politics for her amendment to the Sentencing Act,
01:39and it's expected to pass parliament this month.
01:42I think this is one of those days in parliament where we all come together
01:46and I suppose appreciate the real life impacts that our laws have on families.
01:52It's a change the Edwards family says Jason would be proud of.
01:56Good on you mum. He'd be screaming how fabulous he would be. And he is. He is.
02:05A legacy leaving an impact for victims.