OFF THE WIRE
Tough on crime ... Attorney-General Greg Smith / Pic: Alan Pryke Source: The Daily Telegraph
STRICT new consorting laws meant to stop criminal gatherings have already been watered down by "tough on crime" Attorney-General Greg Smith.
Gang members engaged in "lawful employment" or "training" with a criminal associate or who can prove a family connection with them will now be exempt.The revelation comes after Mr Smith talked tough earlier this week when he raised the penalty for consorting from six months to three years, saying the laws would crack down on criminals involved in Sydney's spate of drive-by shootings.
But the fine detail of the legislation reveals people would be off the hook if they consort with family members, in the course of "lawful employment" or the "lawful operation of a business", in "training or education", or "in lawful custody".A defendant could also get off if they were involved in the provision of a health service or "provision of legal advice".
Police would also be required to give an "official warning" before coming forward with a consorting charge.
Opposition police spokesman Nathan Rees said "bikie gang lawyers will be laughing at this legislation ... they'll be able to drive a truck through it".
He accused the government of creating laws which would be impossible to use to lay charges."Bikie gangs have legitimate businesses. They launder their money through those businesses ... (like) tattoo parlours," Mr Rees said. "They'll hide behind this."
One police source yesterday said he did not know why Mr Smith was bothering with the laws at all: "Once they have taken (those excuses) out, you can come up with an excuse for anything. He continues to be hostage of the lefties in (the) AG's (department)."Opposition Leader John Robertson said the laws meant police would be required to "blow their cover" in issuing official warnings.
"Earlier this week Barry O'Farrell was trumpeting these laws as a 'tough' new approach - but Greg Smith has made sure police will never be able to use them," Mr Robertson said.
"Greg Smith has essentially drafted a 'how to guide' for thugs to avoid charges."
Mr Smith's office pointed to his speech in parliament on the legislation, in which he explained the "goal of the offence is not to criminalise relationships but to deter people from associating with a criminal milieu".
