The online SMH today features a report on criticisms by NSW Director for Public Prosecutions Nicholas Cowdery.
Cowdery has reportedly characterised the NSW OMG statute as "draconian" and a "giant leap backwards for human rights".
While state governments and oppositions may be right that something more needs to be done about bikie gangs and criminal groups, especially when they involve themselves in an organised manner in drug manufacture and supply and crimes of violence and firearms offences, this very troubling legislation is another giant leap backward for human rights and the separation of powers - in short, the rule of lawThe statute was embraced by the legislature with -
insufficient community consultation and over the deep concerns and protests of the NSW Bar Association, the NSW Law Society, academics, the Council for Civil Liberties and many others.Cowdery comments that -
The placing of the burden of proof upon a controlled person to establish that an association with another controlled person falls within the exemptions under the Act - for example, close family members - is a draconian measure ...Moreover, excessively broad drafting means that "Such legislation could apply, for instance, to political parties, labour unions, professional associations, clubs of all kinds, religious groups or charities".
[It is] reminiscent of reverse onus provisions that were in place for a time in Northern Ireland during the 'troubles' where extraordinary measures were considered appropriate in a time of general emergency.
