25 August 2011

Protecting undercover police!

| johnboy
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Simon Corbell gets all the sexy jobs in the Legislative Assembly.

Today he’s announced he’s “introduced a Bill that boosts protections for police officers who participate in undercover activities to combat organised crime in the ACT.”

The Crimes (Protection of Witness Identity) Bill 2011 empowers the ACT Chief Police Officer or the Chief Executive Officer of the Australian Crime Commission to give a witness identity protection certificate in relation to a court proceeding. The effect of this certificate is to prevent information about the witness’ real name or where they live from being disclosed.

Mr Corbell said this Bill also included a range of options to the presiding member, to protect ones right to a fair trial.

“Certificates will not be awarded in all cases, rather only when it is deemed necessary for the protection of a witness’, their family or an ongoing investigation,” Mr Corbell said.

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I think that recent events in the NSW Crime Commission, and the long history of corruption among drug squad police, do not inspire confidence that this would not be abused.

Look forward to frequent and lengthy appeals from people who have been convicted without their counsel being able to properly cross-examine the accuser. Most of them will be as guilty as sin, but these kinds of ‘short cuts’ usually do not end well.

The Antichrist7:16 pm 25 Aug 11

dvaey said :

And here was me thinking that having the right to face your accuser was still important.. and then to try and claim that its for the sake of a fair trial?

well put your money were your mouth is sport – join the Feds, become an undercover nark – and then we’ll see what your opinion is in about 12 months time eh ??

dvaey said :

And here was me thinking that having the right to face your accuser was still important.. and then to try and claim that its for the sake of a fair trial?

I don’t really know how this works in Australia, but the Wikipedia article on the Confrontation Clause (the US version) states that the accused forfeits this right if the witness is threatened or coerced. It wouldn’t be too great a leap to create an exception where coercion or threats could reasonably be expected.

dvaey said :

And here was me thinking that having the right to face your accuser was still important.. and then to try and claim that its for the sake of a fair trial?

And here was me thinking the added bonus of being able to continue living with out the threat of being killed after giving evidence was important to witnesses….

dvaey said :

And here was me thinking that having the right to face your accuser was still important.. and then to try and claim that its for the sake of a fair trial?

I’m a little torn on this. If I was undercover with a bunch of psycho drug dealing bikie scum (well… this is Canberra, all we have is the Rebels, and they got shot by a guy with bags on his hands…) I wouldn’t want them to know who had told all their secret.

On the other hand, if someone was telling the court things I had apparently said, and the court was accepting their word as being more reliable then the average scum bag (simply because they were a cop) I might feel kinda ripped off. On the other hand, knowing their name wouldn’t actually help me argue against it, so long as I could physically face them in court.

And here was me thinking that having the right to face your accuser was still important.. and then to try and claim that its for the sake of a fair trial?

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