News (Media Awareness Project) - Australia: WA Backs Seizure Of Criminal Assets |
| Title: | Australia: WA Backs Seizure Of Criminal Assets |
| Published On: | 2000-08-19 |
| Source: | West Australian (Australia) |
| Fetched On: | 2008-09-03 12:08:23 |
WA BACKS SEIZURE OF CRIMINAL ASSETS
West Australians overwhelmingly support proposed laws to confiscate assets paid for by crime.
But a recent Westpoll found more than half of those surveyed opposed seizing such assets if an innocent co-owner was not aware they were partly funded by criminal activity.
The confiscation measures are part of tough legislation before State Parliament.
Yesterday, Australian Council for Civil Liberties president Terry O'Gorman accused the Government and Opposition of a dangerous law and order auction in the lead-up to the State election.
Mr O'Gorman said plans to amend legislation to ensure that criminals could not hide behind lawyers when accused of concealing assets - by allowing investigators to demand documents normally subject to client-lawyer professional privilege - were draconian and unjustified.
"What is proposed is a frontal attack on one of the cornerstones of criminal law . . . that people are able to get advice from lawyers without having to worry whether the police can then seize the lawyer's file," he said.
"There is absolutely no evidence produced, apart from unsubstantiated rhetoric, that lawyers are in fact engaged in money-laundering that would require this type of change."
The WA Law Society also condemned the plan. But WA Director of Public Prosecutions Robert Cock QC says it is essential.
Mr Cock said it was one thing to be able to seize assets derived from crime but another to actually identify them.
"One of the key areas we suspect unlawful property and the proceeds of crime are hidden is in trusts," he said. Big drug dealers and corporate criminals were unlikely to have property in their own name and found it effective to conceal assets in trusts.
New South Wales, the only State with such laws, seized about $10 million a year from confiscated proceeds of crime. It is understood that WA seizes about $500,000 a year.
Mr Cock stressed assets confiscated under the proposed laws would not go into general government coffers but be used on programs to reduce drug-related crime, provide victim support and aid law enforcement.
In the Westpoll survey of 400 people earlier this month, 86 per cent said they supported giving law agencies power to confiscate assets of crime. But 51 per cent did not support seizing such assets if one of the co-owners had been unaware tainted funds were involved.
West Australians overwhelmingly support proposed laws to confiscate assets paid for by crime.
But a recent Westpoll found more than half of those surveyed opposed seizing such assets if an innocent co-owner was not aware they were partly funded by criminal activity.
The confiscation measures are part of tough legislation before State Parliament.
Yesterday, Australian Council for Civil Liberties president Terry O'Gorman accused the Government and Opposition of a dangerous law and order auction in the lead-up to the State election.
Mr O'Gorman said plans to amend legislation to ensure that criminals could not hide behind lawyers when accused of concealing assets - by allowing investigators to demand documents normally subject to client-lawyer professional privilege - were draconian and unjustified.
"What is proposed is a frontal attack on one of the cornerstones of criminal law . . . that people are able to get advice from lawyers without having to worry whether the police can then seize the lawyer's file," he said.
"There is absolutely no evidence produced, apart from unsubstantiated rhetoric, that lawyers are in fact engaged in money-laundering that would require this type of change."
The WA Law Society also condemned the plan. But WA Director of Public Prosecutions Robert Cock QC says it is essential.
Mr Cock said it was one thing to be able to seize assets derived from crime but another to actually identify them.
"One of the key areas we suspect unlawful property and the proceeds of crime are hidden is in trusts," he said. Big drug dealers and corporate criminals were unlikely to have property in their own name and found it effective to conceal assets in trusts.
New South Wales, the only State with such laws, seized about $10 million a year from confiscated proceeds of crime. It is understood that WA seizes about $500,000 a year.
Mr Cock stressed assets confiscated under the proposed laws would not go into general government coffers but be used on programs to reduce drug-related crime, provide victim support and aid law enforcement.
In the Westpoll survey of 400 people earlier this month, 86 per cent said they supported giving law agencies power to confiscate assets of crime. But 51 per cent did not support seizing such assets if one of the co-owners had been unaware tainted funds were involved.
Member Comments |
No member comments available...
