Australian court rules wife must testify against husband

Nov 30, 2011, 6:15 GMT

Sydney - Australia's highest court Wednesday overturned the long held right of a person not to incriminate their spouse by ruling that Louise Stoddart must testify against her husband in a tax fraud case.

The Australian Crime Commission wanted Stoddart to answer questions in 2009 about her Gold Coast accountant husband Ewan Stoddart.

The couple have been married for more than 20 years and she worked part time as a secretary in her husband's office. Stoddart had refused to answer questions, and last year the Federal Court ruled that she had the right not to testify on the grounds of spousal privilege.

But the country's High Court on Wednesday ruled there was no such privilege under common law and said she could be jailed if she continues to refuse to answer questions.

Council for Civil Liberties spokesman Terry O'Gorman told the Australian Broadcasting Corporation the ruling went against hundreds of years of legal practice aimed at protecting rights in marriage.

O'Gorman said the High Court decision meant spouses could now be forced to testify against each other in all sorts of court cases and police investigations.