Evidential Privilege: Sacrifice in the Search for Truth

Abstract

The decision of the High Court in PP v Knight Glenn Jeyasingam contains what is probably the most important discussion of the law of privilege in recent years. A plea negotiation privilege was brought into existence, without express statutory sanction, through the medium of 'purposive interpretation'. This article uses this decision as a springboard to discuss the two core issues in the law of privilege - the determination of whether a privilege should exist at all, and the task of marking the boundaries of an existing privilege. The meaning of 'purposive interpretation' in the context of a clash between contending and incompatible social values -the integrity of the judicial factfinding process and the value sought to be protected by the privilege - is explored.