Advise the parties in the following scenario.

Mawson was arrested for car theft and his accomplice, Terry, was arrested for 'receiving' the stolen car. Terry opted to plead guilty on the understanding that he would not receive a custodial sentence if he testified at Mawson's trial following his not-guilty plea. Terry was given a suspended prison term but when he appeared at Mawson's trial, he denied any involvement in the robbery and refused to testify against Mawson. Mawson is alleging that on the day of the robbery, he was at home with his wife Anna and never left the house.

Mawson had earlier told his wife who happened to be a solicitor that he had stolen a car and he regretted the action, but he needed her to help him with his alibi defence.

The prosecution wants Anna to testify against Mawson, but Mawson believes that his wife cannot be forced to testify against him as they are still married. He also believes his wife is a solicitor and any information he shared with his wife cannot be used against him. Advise Mawson.

Queensland law

Evidence Act 1977 (Qld)

Evidence Act 1995 (Cth)

also can use case law