Second baby-death case sparks right to silence debate [+audio]

Police frustrations at what they claim is stalling from the families of two dead babies has triggered debate on the right to silence.

Officers this week said they were being hampered in their investigation into the death of seven-month-old Staranise Waru in Christchurch Hospital in February, while detectives trying to find the killer of Auckland twins Chris and Cru Kahui also say family members have refused to co-operate.

Warren Brookbanks from Auckland University told Newstalk ZB that police have only two options in such situations - they can either do nothing and wait for the information to come forward, or charge everyone thought to be present at the time of the offence.

He the latter option was very risky as police may not have enough evidence for the case to stand up in court. Professor Brookbanks said the right to silence may be looked at under a review of the Evidence Act.

But barrister James Rapley said it was not unusual that people do not want to talk to police and the Waru and Kahui cases were examples of that. He said people do still get convicted and do not escape the justice system.

Meanwhile, lawyers for Staranise's parents say they are less likely to talk to police about her death now they've been publicly criticised for not co-operating.

Staranise had been in the care of her parents when her injuries happened, police said. One other family member had also been visiting the house at the time.

But lawyers for the baby's parents, Nyree Hopa and Robert Waru, said today that police had turned the situation into a "media circus".

"Any possibility that [the parents] might have spoken again was probably significantly eroded by the media release, and the expressions of frustration that the police put into the media arena yesterday," Liz Bulger, acting for Ms Hopa, told National Radio.

Mr Waru's lawyer Alistair Davis said his client had co-operated fully with police until yesterday, and a meeting had been arranged for today.

"Perhaps they would have gone and spoken to police today, but... the steps taken by police have now turned this into a media circus."

Both lawyers said their clients denied any involvement in the death of their daughter.

Mr Davis said: "Members of the family have been co-operative and have been interviewed. It is so starkly different to the Kahui case, in terms of co-operation, that it's like black and white."

Three-month-old Chris and Cru Kahui died five days after being admitted to Starship Hospital in Auckland on June 18.

- NEWSTALK ZB, NZPA