Here is what Amnesty International found wrong with the LNP VLAD laws... Keep this in mind on 31 January 2015... if they are allowed to continue with laws that are simply there to make it easier on prosecutors by moving the burden of proof from the defendant then we are headed back to the 60s and 70s style of governance here in Queensland: Broad laws cover all associations not just bikies One of the major issues we have is the language of the Act is so broad that in Amnesty International’s experience, they are open to abuse, said Hayworth. The laws focus on associations of people which include corporations, unincorporated associations, clubs or leagues or any other group of three or more people whether the group is legal or illegal. Covering more than just ‘bikie gangs’ the laws define people as ‘participants’ in associations where they are a member, sought to be a member, attended more than one meeting or participated in any other way in the affairs of the association. There is no mention of bikes or criminal activity in the definition of association. A participant is deemed to be a ‘vicious lawless associate’ when they commit a declared offence while they are participating in the association. The laws reverse the burden of proof, forcing those accused of being ‘vicious lawless associates’ or ‘office bearers’ of the association to prove that they are not participants in criminal associations. This severely undermines the right to be presumed innocent until proven guilty that all Queenslanders enjoy. Michael Hayworth, Amnesty International Australia spokesperson The difference here is that the individual must prove that the association doesn’t exist for the purposes of engaging in declared criminal offences. A ‘vicious lawless associate’ is then sentenced to 15 years jail on top of the sentence they receive for the declared offence. If the person is an officer of the association and cannot prove otherwise they are liable to a further ten years.
Posted on: Mon, 26 Jan 2015 23:05:56 +0000
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