Australia, Adelaide, Attorney General John Rau moots laws to strip serious criminals of their rights

OFF THE WIRE
DANIEL WILLS,
POLITICAL REPORTER,
From: The Advertiser
AdelaideNow
FUNDAMENTAL legal rights including the presumption of innocence and access to a fair trial must be sacrificed to eradicate sophisticated criminal gangs, Attorney-General John Rau says,
As the State Government prepares to return to Parliament in the new year with a raft of legislation targeting organised crime gangs, Mr Rau has warned the legal system has failed to keep up with ruthless gangs.
The State Government is in possession of a report from retired District Court Judge Alan Moss which includes several proposals for fixing anti-association laws ruled unconstitutional by the High Court last month.
Mr Rau said each model "has its own repugnant element" but the Government had "no choice" but to sacrifice legal principles in its attempt to win the war against criminal gangs.
"The rule of law has certain underpinnings in it, which include the fact that people are entitled to a fair trial, that there's a presumption of innocence," he said.
"When you are dealing with very organised, very sophisticated people whose capacities are much more focused and targeted than general government capacities are, you unfortunately have to start looking at models which eat away at those fundamental rights.
"You're having to fight fire with fire. That is inherently dangerous."
Bikies declared victory last month when the High Court ruled 6-1 against South Australian anti-association laws. The bench declared forcing magistrates to issue control orders banning gangs on request of the Attorney-General undermined judicial independence. Mr Moss's report floats reform models including:
NAMING criminal organisations and their members in gang-specific legislation passed by Parliament that bans them from associating.
HANDING the Attorney-General's office discretionary power to ban gangs and stop members believed to be involved in crime from associating with each other.
FOLLOWING New South Wales' anti-bikie legislation and letting the Supreme Court decide if a gang should be declared illegal, instead of the SA model which gives that power to the Attorney- General.
TARGETING suspects with powers granted from an expansion of consorting laws that would make association with known criminals inherently illegal.
Mr Moss says the most "robust" model involves outlawing individual gangs through legislation in Parliament and charging members with the criminal offence of belonging to that group.
"This model is robust enough to withstand a legal challenge, although lawyers would argue the model offends the 'fair trial' (principle)," he writes.
Mr Rau also indicated the Government is beginning to look beyond motorcycle gxxgs as it continues to crack down on organised criminals. "To pick another publicly-known example, the New Boys that are constantly written up, they're not bikies and yet, nobody would suggest they're not out there doing things which are completely unhelpful," he said. "Next year we'll be going back in (to Parliament) with several pieces of legislation that respond to the High Court and address other matters ... to make things more difficult for these organised criminals."
Civil libertarians have opposed any form of anti-association law and claim bikies are not enough of a threat to public safety to warrant erosion of basic legal principles.
Police have called for expanded powers to help them smash criminal gangs they claim are involved in "repeated corruption" of public officials, drug running and sophisticated "counter surveillance" of law enforcement officers.
Mr Rau said: "I am trying to keep on the right side of that fine line which says: 'don't throw the baby out with the bath water, don't destroy civil liberties for everybody so you can have the tool to be effective against these complete ratbags outside the system'."

http://www.adelaidenow.com.au/news/south-australia/attorney-general-john-rau-moots-laws-to-strip-serious-criminals-of-their-rights/story-e6frea83-1225967267050