Pubdate: Mon, 15 Nov 1999
Source: Courier-Mail, The (Australia)
Copyright: News Limited 1999
Contact:  http://www.thecouriermail.com.au/
Author: Chris Griffith

MOVE TO RECLAIM PROFITS OF CRIME

Organised crime figures could be sued for their ill-gotten assets,
even where they are not pursued for a crime, under a new plan.

It is part of an assault on the profits of crime revealed in the
Queensland Crime Commission's 1998-99 annual report delivered Friday.

Commissioner Tim Carmody said the size of the heroin market in
Queensland was $400-$518million, and an estimated $3.5billion worth of
the proceeds were laundered in Australia.

The report said the commission would establish an Enterprise Crime
Team, as a specialised unit to identify where the assets of crime
syndicates were held, and how to recover them.

The commission wants the State Government to back up the team with
civil law recommended by its Project Krystal.

Instead of convicting criminals and proving in court that their assets
were gained through criminal activity, the civil-based scheme would
allow law enforcers to launch proceedings without first gaining a conviction.

With the onus of proof reversed, suspected criminals would have to
explain in court how they lawfully acquired their assets, or lose them.

A spokesman for Police Minister Tom Barton said the State Government
was giving "serious consideration" to the scheme as part of new
confiscation of profits law to be announced early next year.

Opposition Justice Minister Lawrence Springborg said he "totally
supports going down that track", including reversing the onus of proof.

"The total proceeds confiscated last year was just $1.04million, which
is a just a drop in the ocean and shows the current law isn't working."

Queensland Council for Civil Liberties president Ian Dearden said the
QCC's plan was "appalling".

"This proposal is just the worst example of the end justifying the
means," he said.

The annual report said that, as at June 30, the QCC was investigating
nine organised crime operations, five of which it believed sums
exceeding $1million were involved.

Property seized in joint QCC- QPS operations included a 1988 BMW 5351
worth $38,000, jewellery worth $20,000, and cash worth $71,235  total
$141,735.
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