CANBERRA TARGETS CRIME ASSETS

Suspected drug barons, money launderers and people smugglers will have
their assets seized, under a proposal before the Federal Government.

Justice Minister Amanda Vanstone is proposing Federal legislation
which would enable the Commonwealth Director of Public Prosecutions to
freeze and then seize assets obtained through illegal activity. The
suspect does not have to be convicted or charged with an offence.

The proposal follows similar legislation in New South Wales and
Victoria and planned legislation in WA. It effectively reverses the
onus of proof - the Commonwealth DPP could act against a suspect, who
then would have to prove that the assets had been acquired legally.

Under Senator Vanstone's plan, which may affect those suspected of
fraud, the burden of proof would be that applied in civil, rather than
criminal, cases. Prosecutors would have to prove only that it was
likely on the balance of probabilities that assets had been obtained
through crime. They would not have to prove beyond reasonable doubt.

But the plan has outraged civil libertarians who argue it is
dangerously unjust and follows a flawed precedent being questioned
seriously in respected US legal circles.

The plan follows recommendations by the Australian Law Reform
Commission and a similar plan introduced to Parliament recently in the
form of a private member's Bill by Labor justice spokesman Duncan Kerr.

Senator Vanstone has yet to put her plan to Cabinet but she indicated
she wanted all States and Territories to follow suit because it would
send a strong message to drug traffickers and those involved in
illegal migration.

"Having now received the Law Reform Commission report I'm strongly
committed to much-improved asset seizure arrangements than existed
under Labor," she said. "I anticipate being able to proceed with
improved asset seizure measures, to be in place by next year."

Senator Vanstone and the Attorney-General's Department estimate the
measure could net tens of millions of dollars. Similar, but broader,
legislation in the United States has netted more than $1 billion in
assets in 12 years.

Australian Council for Civil Liberties president Terry O'Gorman said
last night that seizing assets only on the balance of probabilities
was relying on insufficient proof.

"How much attack is there going to be on fundamental criminal law
principles before the Australian community says, 'We aren't going to
have any more (compromise) under the argument of the so-called war
against drugs'," Mr O'Gorman said.

He said it was an even bigger problem now that Labor supported such a
move.

"No one's willing to stand up and say that this thing is a frontal
attack on fundamental criminal law principles and for what good end?"
he said.

A spokeswoman for WA Attorney-General Peter Foss said the WA
legislation was being drafted.