The respondents contested the statement on the premise that it depended upon criminal intellect, which they contended prohibits procedural fairness.
Under the Act, whether information constitutes criminal intellect has to be decided in a unique closed hearing when the court does admit information to become criminal intellect, any component of the purposeful application (to possess the organisation announced criminal) which entails that intellect, should also be heard at a closed hearing.
The consequence of this is the criminal intellect is withheld from those who’d want to defend themselves from it.
But on Thursday, the High Court found that although the Queensland provisions do represent a departure from normal procedure and judicial procedure, they don’t impact the ethics of the Supreme Court and thus do not violate the constitution. The program to announce the Finks and Pompano as criminal associations might now proceed.
Thursday’s decision is particularly important in the aftermath of the national government’s statement that it plans to target organized crime groups. The government plans to bring into a raft of legislation, such as unexplained wealth legislation, reforms to fight the illegal firearms market, as well as relevantly (and sadly), control dictates.
though control requests, that can be utilized to restrict the actions of members of businesses declared to be criminal, have been successfully employed against suspected terrorists, Thursday’s High Court decision will undoubtedly be reassuring for the national government and its own plan to use the exact same instrument to spearhead its assault on organized crime.
It’s worrying, but that responses to Thursday’s conclusion have confirmed that serious organised crime frequently seems to be interchangeable with bikie gangs.
What Newman said seemed to confound who the law is meant to struggle: Why does it target organized crime, or only bikie gangs. Since while some outlaw motorcycle gangs might take part in organised crime, both aren’t just one and the same, and the organised crime threat isn’t restricted to bikies.
Ironically, anybody who has watched the news on the last fortnight will learn that bikie gangs have a tendency to find the lion’s share of the organised crime limelight in Australia, largely due to their propensity to participate in public displays of violence.
But the truth is that outlaw motorcycle gangs aren’t the sole or always the most damaging organised crime groups operating in Australia. This was demonstrated in 2007, when a shipment of 15 million ecstasy pills to Melbourne from Naples has been captured, concealed in cans of tomatoes and having an estimated street value of $122 million.
There’s not any doubt that organised crime deserves punishment. Regrettably, however, our laws hasn’t served us well to the stage. It introduces barriers to extradition and so also to global efforts to fight organised crime, and neglects to discourage organized crime groups of foreign source from establishing camp in Australia.
As Italian Prosecutor Franco Roberti has pointed out, talking about the multinational spread of organised crime groups of Italian origin, Italy does not export its own mafias instead, nations like Australia with insufficient organised crime laws, draw it.
Know Your Enemy
The simple fact that the government has finally decided to act on organised crime doesn’t ensure that the strategy will work.
There’s a threat that the dominance of bikie gangs in Australia’s organised crime discourse could cause the global element of this danger being overlooked.
Another danger to the growth of optimum laws to handle organised crime relates to time. Legislation that stems from election campaigns (since the proposed initiatives seem to have done, since the issue of organised crime didn’t suddenly emerge just two weeks back in Punchbowl), is not likely to make the best answers.
The national government would be wise to participate in some significant evaluation before settling on the ideal legislation to fight organized crime.
However, before this, we have to ascertain just where the organised crime threat is coming from. If Australia is to become serious about fixing crime, we will need to get over the concept that organised crime bikie gangs, and take appropriate account of their other organized crime groups operating in our boundaries.