OFF THE WIRE
THE noose is tightening around outlaw bikie organisations on the Gold Coast with
new anti-organised crime laws set to be passed through Parliament last
night.
The laws will give the Crime and Misconduct Commission the power
to seize cash, property, cars and other assets of the ``Mr Bigs'' of bikie and
organised crime gxxgs charged or convicted of serious crimes, unless they can
prove they were earned legally.
The laws will be enacted as the Supreme
Court later this year hears debate on an application to declare the Gold Coast
chapter of the Finks a criminal organisation a move which would see them
disbanded and chased out of the city. But the new ``unexplained wealth'' laws
have been criticised for going too far and becoming a cash grab for the State
Government.
Similar laws have been in place in Western Australia for the
past five years.
Attorney-General Jarrod Bleijie said the laws targeted
the ``ill-gotten gains'' of criminals.
``While such criminals may risk
imprisonment, they must now contemplate losing all their assets,'' he
said.
``It's about going after the Mr Bigs of the crime
world.''
Mermaid Beach MP Ray Stevens said the laws would help fight back
against bikies infiltrating the Gold Coast.
``While many do have
legitimate businesses, the ones involved in illegal activity are going to get
caught,'' he said.
But Gold Coast criminal lawyer Bill Potts said the
move was a step too far because the laws allowed the Crown to seize any assets,
not just those bought from the proceeds of crime.
``This is effectively
unjust enrichment of the state,'' he said.
``Just about everything you've
ever owned can be taken away by the Crown.''
He said the laws were also
a reversal of the onus of proof, because the target of the seizure order had to
prove their assets were legally obtained.
Under existing laws, the Crime and
Misconduct Commission in 2003 restrained more than $4 million in property from
Finks bikie kingpin Charlie Cannon, including his Jaguar car, Paradise Point
waterfront mansion and two catamarans.
The Gold Coast has had its image
badly tarnished by the image of bikie violence running rife through the
city.
In one of the most public examples, Finks bikie Mark James Graham
allegedly opened fire on rival gang member Jacques Teamo in broad daylight in
the Robina Town Centre.
http://www.goldcoast.com.au/article/2013/05/02/451240_crime-and-court-news.html
