News (Media Awareness Project) - Australia: 'Nazi-Style' Drug Laws May Be Open To Abuse |
Title: | Australia: 'Nazi-Style' Drug Laws May Be Open To Abuse |
Published On: | 2001-03-29 |
Source: | Sydney Morning Herald (Australia) |
Fetched On: | 2008-01-26 20:07:34 |
'NAZI-STYLE' DRUG LAWS MAY BE OPEN TO ABUSE
Lawyers attacked the Premier's new anti-drug laws yesterday as "Nazi
style", while the Director of Public Prosecutions said unprofessional
police might abuse them.
It was also confirmed that a panel of experts assembled by the
Attorney-General's Department to consider changes was taken by
surprise by the Premier's announcement.
Faced with mounting concern about infringements on civil liberties
posed by the new laws, Mr Carr admitted he had "hesitated" before
agreeing to them. He also confirmed to Parliament that a video
screened in commercial television news bulletins after he announced
the laws on Tuesday - showing him walking the streets of Cabramatta -
had been distributed by the Government and paid for by the NSW Labor
Party.
Under the new laws foreshadowed by Mr Carr, police will be given wide
powers to arrest people seen entering or leaving suspected "drug
houses" and those suspected of acting as lookouts.
Police will also be able to seize properties and force people
suspected of waiting to do drug deals in public places to move on.
The Director of Public Prosecutions, Mr Nicholas Cowdery, said Mr
Carr's proposals were no long-term solution to the drug problem.
"Experience tells us that crackdowns on markets of this sort [in
Cabramatta] usually displaces it elsewhere and while this may be a
bandaid solution for the beleaguered citizens of Cabramatta, it will
not solve the problem for the State in the long term," he said.
Mr Cowdery said a proper assessment of the effect of the new laws on
civil liberties and human rights could not be made until the
Government produced its legislation and made clear how it defined a
drug house and what it regarded as a sufficient legal reason for
entering or leaving such houses.
"Bearing in mind the uncertainties until we see the legislation, we
must have some concern that the provisions are unnecessary and open
to abuse," Mr Cowdery said.
He also said there was a risk "unprofessional" police officers might
abuse their wide powers under the new laws.
Mr Carr attacked the NSW Law Society after its president, Mr Nick
Meagher, likened the proposed new laws to "Nazi-style legislation"
which contemplated jailing suspects without charge. "The Carr
Government has put the boot into people's legal rights," he said. Mr
Meagher said the proposed laws appeared to reverse the onus of proof.
"They are saying you are guilty unless you can prove you are
innocent," he said.
Mr Carr said last night he found the use of the term Nazi extremely offensive.
But he said the Government had hesitated before agreeing to the new
laws because no Premier would want to be associated with laws that
changed civil rights.
However, Mr Carr considered the new laws as "reasonable and necessary".
A panel of legal and other experts assembled by the
Attorney-General's Department Criminal Law Review Division which has
been considering changes to drug laws was not consulted before the
announcement.
A panel member, the Sydney barrister Mr Stephen Odgers, said
yesterday: "It came out of left field.
"There was no formal discussion."
Lawyers attacked the Premier's new anti-drug laws yesterday as "Nazi
style", while the Director of Public Prosecutions said unprofessional
police might abuse them.
It was also confirmed that a panel of experts assembled by the
Attorney-General's Department to consider changes was taken by
surprise by the Premier's announcement.
Faced with mounting concern about infringements on civil liberties
posed by the new laws, Mr Carr admitted he had "hesitated" before
agreeing to them. He also confirmed to Parliament that a video
screened in commercial television news bulletins after he announced
the laws on Tuesday - showing him walking the streets of Cabramatta -
had been distributed by the Government and paid for by the NSW Labor
Party.
Under the new laws foreshadowed by Mr Carr, police will be given wide
powers to arrest people seen entering or leaving suspected "drug
houses" and those suspected of acting as lookouts.
Police will also be able to seize properties and force people
suspected of waiting to do drug deals in public places to move on.
The Director of Public Prosecutions, Mr Nicholas Cowdery, said Mr
Carr's proposals were no long-term solution to the drug problem.
"Experience tells us that crackdowns on markets of this sort [in
Cabramatta] usually displaces it elsewhere and while this may be a
bandaid solution for the beleaguered citizens of Cabramatta, it will
not solve the problem for the State in the long term," he said.
Mr Cowdery said a proper assessment of the effect of the new laws on
civil liberties and human rights could not be made until the
Government produced its legislation and made clear how it defined a
drug house and what it regarded as a sufficient legal reason for
entering or leaving such houses.
"Bearing in mind the uncertainties until we see the legislation, we
must have some concern that the provisions are unnecessary and open
to abuse," Mr Cowdery said.
He also said there was a risk "unprofessional" police officers might
abuse their wide powers under the new laws.
Mr Carr attacked the NSW Law Society after its president, Mr Nick
Meagher, likened the proposed new laws to "Nazi-style legislation"
which contemplated jailing suspects without charge. "The Carr
Government has put the boot into people's legal rights," he said. Mr
Meagher said the proposed laws appeared to reverse the onus of proof.
"They are saying you are guilty unless you can prove you are
innocent," he said.
Mr Carr said last night he found the use of the term Nazi extremely offensive.
But he said the Government had hesitated before agreeing to the new
laws because no Premier would want to be associated with laws that
changed civil rights.
However, Mr Carr considered the new laws as "reasonable and necessary".
A panel of legal and other experts assembled by the
Attorney-General's Department Criminal Law Review Division which has
been considering changes to drug laws was not consulted before the
announcement.
A panel member, the Sydney barrister Mr Stephen Odgers, said
yesterday: "It came out of left field.
"There was no formal discussion."
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