Gallop to increase police powers

February 27, 2002
Issue 

BY RUSSELL PICKERING

PERTH — The state Labor government is under fire from civil-liberty groups for attempting introduce draconian legislation, known locally as the "anti-gang laws". The ALP rushed the bill into parliament last year soon after former Commonwealth Investigations Bureau chief Don Hancock and an associate were killed in a car bombing on September 1.

Despite the arrest and charging of a suspect for that crime, the government is arguing that the car bombing shows that the proposed laws are a necessary plank in the fight against organised crime. ALP Premier Geoff Gallop told the February 11 West Australian the laws were necessary because, "organised crime uses the code of silence to defend its operations".

The legislation would require the state governor to appoint a current or ex-supreme court judge as a "special commissioner" empowered, on recommendation from the police commissioner, to call people in for questioning. Witnesses could lose the right to silence and the right to legal representation. In effect, the judge would act as an interrogator for the police.

The Law Society of WA has raised concerns that the appointment of serving judges threatens judicial independence.

Other provisions in the bill include:

  • private court hearings which only the witnesses' lawyer would be able to attend;

  • the right to arrest witnesses who fail to appear at hearings;

  • heavy penalties for the disclosure of information contained in a summons — including imprisonment for up to three years and a $60,000 fine;

  • police empowered to enter and search premises without a warrant and to detain any person while conducting the search;

  • increased penalties for resisting arrest;

  • police empowered to damage property while carrying out a search and not provide compensation; and

  • increased powers for police to use surveillance devices.

The WA Greens have referred the bill to a legislative council committee. "There are indications that if the bill became law, it could be used against groups such as unions and protesters", Greens MLC Giz Watson told Green Left Weekly. "These [laws] are similar to laws used in the '70s but the penalties are totally excessive".

"Put in the big political picture", she added, "there is a royal commission investigation about the police occurring and at the same time the government is handing [the police] more powers !".

Even the ALP is divided over the proposed laws. The party's legal and constitutional committee is opposed to removal of the right to silence and police searches without warrants. As the pressure mounts, two Labor parliamentarians resigned from the legislative council committee reviewing the legislation, citing heavy workloads.

A public committee hearing is scheduled for March 6. The committee is scheduled to table its report by the end of March.

From Green Left Weekly, February 27, 2002.
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