JUSTICE SYSTEM FAILING, SAYS SENIOR CRIMEFIGHTER

Victoria's highest-ranking detective, Assistant Commissioner Simon
Overland, says the criminal justice system is failing to cope with
sophisticated organised crime and requires immediate reform to avoid
permanent gridlock.

Mr Overland says police, witnesses and prosecutors are frustrated that
cases are taking years to come to trial.

Highlighting "chronic" problems in the justice system, Mr Overland has
told The Age:

Nine underworld murder victims were on court-approved bail when they
were shot dead.

Four hitmen are suspected of carrying out murders while on bail over
serious charges.

Magistrates' committal hearings are obsolete and unnecessarily delay
jury trials.

Suspected drug dealers bailed by courts continue to traffic to pay
their huge legal bills.

Some lawyers have crossed the line and become silent partners in
organised crime syndicates.

It is impossible to keep bailed suspects under surveillance when cases
are delayed for years.

"There are chronic, systemic problems that need to be addressed," Mr
Overland said. "The system deals with a large number of cases but it
is the top-end ones that cause problems."

He said there may be a need to develop a "fast track" court process in
cases where there were concerns for the safety of witnesses or
defendants, suspicions that offenders were attempting to delay the
system or fears that suspects' assets were being siphoned away before
they could be seized.

He said Victoria might also need a dedicated secure court to deal with
organised crime.

Mr Overland called for a summit involving representatives from all
criminal justice stakeholders to develop a plan to tackle long-term
problems. The conference would include police, prosecutors, judges,
magistrates, defence lawyers, prison officials, Government and
Opposition politicians and victims.

He said the conference could follow the successful model used by
police for their organised crime summit in August 2004. The summit,
involving local and international experts, was the catalyst for police
to restructure the crime department with a greater emphasis on
investigating organised crime.

Mr Overland's call for major court and justice reforms comes a day
after millionaire drug trafficker Tony Mokbel was convicted in the
Supreme Court of cocaine trafficking.

Mokbel, who had been on bail for more than three years, disappeared on
Monday last week, days before the jury retired to consider its verdict.

Police have launched a world-wide search for Mokbel, who is now under
investigation for allegedly organising murders while on bail.

Legal sources say that judges and magistrates are effectively forced
to grant bail because they cannot allow unconvicted suspects to remain
in jail for years while waiting for trials.

Mr Overland said pressure on the court system would increase as police
continued to arrest organised crime suspects.

Office of Police Integrity director George Brouwer has also expressed
doubts about the committal process. "I think we should bypass,
particularly in certain cases, committal proceedings and put the
emphasis on direct presentment," he said last year.

Mr Overland said defence lawyers should have access to the prosecution
case. "There should be full disclosure but in serious matters we
should look at ways to avoid committals," he said.

"We are not looking to reduce the rights of people charged but to
streamline the system to benefit everyone."

State Attorney-General Rob Hulls said he was prepared to consider
reform.

"It is crucial that we continue to work to improve the criminal
justice system and reduce any unnecessary delays," Mr Hulls said.

"While we are currently working on legislation to further reform the
criminal trial process, including committals, I am more than happy to
continue to work with stakeholders on any further initiatives."

Opposition police spokesman Kim Wells supported a crime conference but
said it would have to work to a deadline and not become a "talkfest".

"There is a clear community resolve for the court system to
efficiently deal with organised crime cases," Mr Wells said. He said
suspects on bail on serious charges should be monitored with
electronic ankle bracelets. "No one would suggest that reporting to a
local police station is sufficient."

Law Institute of Victoria chief executive John Cain urged caution
about a summit "unless we understand the precise problems we want to
rectify". He also warned that axing committals could clog the system
by increasing the number of jury trials. "Cases like Mokbel should not
dictate the way justice is administered in this state," he said.

The chairman of the Criminal Bar Association, Lex Lasry, QC, said the
Government should be pressed to give sufficient resources to the
criminal justice system, which was becoming clogged with cases that
could be resolved earlier.

"The County Court is at break

ing point," he said. "We need to properly resource the system so that
the cases that can be resolved earlier are resolved."

Police Minister Tim Holding said Mokbel's disappearance was
frustrating to all Victorians.

"We want him brought to justice, we want to see him serve his time in
jail, we want him to pay his debt to society and that's why we want
him found as quickly as possible," he said.