Pubdate: Fri, 31 Oct 2003
Source: New Zealand Herald (New Zealand)
Copyright: 2003 New Zealand Herald
Contact:  http://www.nzherald.co.nz/
Details: http://www.mapinc.org/media/300
Author: Kevin Taylor
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

UNITED SAYS GANGS SHOULD LOSE ASSETS

United Future will seek Labour's support for tough new anti-gang 
legislation aimed at confiscating assets built up through drug-dealing.

Leader Peter Dunne and law and order spokesman Marc Alexander yesterday 
launched their plan to "Al Capone" the gangs, citing the threat of 
dangerous drugs such as P.

"This is the same sort of initiative that was taken to crack the power of 
the Al Capones in the 1930s. We actually make the basis of their operation 
illegal," Mr Dunne said.

United Future is proposing a bill based on a Western Australian law 
allowing the police to seek confiscation of gang assets if they fail to 
prove the assets were gained through legitimate means.

The cases would go through civil court and reverse the onus of proof, 
requiring gang members to prove that it was more likely than not that their 
possessions were legitimately acquired.

National Party police spokesman Tony Ryall this week proposed a member's 
bill along similar lines although it would apply only to convicted drug 
dealers and the case would remain in the criminal court.

Mr Alexander is due to meet Justice Minister Phil Goff on Wednesday to 
gauge Labour's interest in the law.

A spokesman for Mr Goff would say only that the Government was already 
reviewing the Proceeds of Crimes Act.

Police Association president Greg O'Connor attended United Future's media 
conference yesterday to voice support for the bill.

The centrist party, which has its annual conference in Christchurch 
tomorrow, has joined a growing list of political parties seeking to tap the 
rich vein of public concern about law and order, particularly horrendous, 
drug-fuelled crime.

Mr Alexander said the civil courts were chosen as the vehicle for 
confiscation cases because the standard of proof required was lower. He 
also wanted cases heard by a judge alone, not a jury.

Police estimated gangs controlled 90 to 95 per cent of hard drug distribution.

Mr Dunne said the proposal was the first of many to wage war on drugs. He 
and Mr Alexander would visit Australia soon to study anti-drug initiatives.

Mr Alexander said the Proceeds of Crime Act was a toothless tiger and 
promised Government tinkering was insufficient.

Mr Ryall said his bill amending the act was not based on just a suspicion - 
a person would have to be a convicted of drug-dealing before they faced a 
confiscation case.

He said some aspects of the Western Australian were arbitrary but there 
were ways to mitigate that.
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MAP posted-by: Terry Liittschwager