Liberals act on secret evidence
The Liberal Party today announced that it will act in the Parliament to demand change in Government’s use of secret evidence.
Shadow Attorney-General, Stephen Wade, said that “given the Government’s failure to properly monitor use of secret evidence, we can’t be sure that it is doing more good than harm”.
Since 2003, Rann Government legislation has increasingly allowed secret evidence (referred to as ‘criminal intelligence’) in licensing and court processes to disrupt the activities of organised crime.
Recent briefings on a criminal intelligence bill have shown a lack of checks and balances - there are inadequate guidelines for officers in the use of criminal intelligence, no systematic record keeping, and a lack of reporting and review.
Former Attorney-General Atkinson labelled the
Serious and Organised Crime Control Act 2008 provisions as ‘draconian’ and the Attorney-General Rau has called criminal intelligence
“a breach of procedural fairness and natural justice”[1]. Despite these admissions the Rann Government has neglected to ensure that strong checks and balances are in place.
Mr Wade said that the Liberal Party will move to introduce a range of safeguards and to focus the use of criminal intelligence on fighting organised crime.
Mr Wade said “the fight against organised crime is all about making our communities safer, but to support ongoing public confidence laws needs to protect rights in the process.
“That’s why we’re moving for an independent review and ongoing accountability.
“It is a fundamental principle of the rule of law that a person has a right to know the case against them- it should only be waived in exceptional circumstances.
“The Rann Labor Government has a history of ramming controversial draconian laws through the Parliament. The South Australian Liberals will work to balance the needs for community safety and the rights of the individual,” Mr Wade said.
[1] Hansard, House of Assembly, 27 October 2010, Page 1785