Secret police searches in the pipeline (Australia)

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http://www.smh.com.au/articles/2004/10/21/1098316790679.html?oneclick=true

 

Secret police searches in the pipeline

 

By Sean Nicholls

October 22, 2004

 

NSW police will be vested with unprecedented " sneak and peek " powers

to combat terrorism, including warrants to search properties without

telling the occupant they have done so.

 

Under plans announced yesterday, police will not have to notify the

occupant for six months that they had searched the premises. They

would also be able to bug terror suspects continuously for up to three

months.

 

The Premier, Bob Carr, told Parliament that, once introduced, the laws

would apply to " almost all " terrorist offences under Commonwealth

legislation.

 

He said the laws would have allowed police to act in the case of the

terrorism suspect Willie Brigitte, after the French Government advised

the Commonwealth he had trained with the terrorist group Lashkhar e Toiba.

 

The powers would not be left completely unchecked. There would be

" important safeguards " , such as a statutory review by the NSW

Attorney-General after 12 months.

 

" Evidence suggests potential terrorists take time to settle in a new

country, build up connections and wait for instructions or

opportunities, " Mr Carr said.

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" These changes will give police the power to observe potential

terrorists covertly over long periods and develop intelligence about

their networks " .

 

Last night the Opposition did not voice any initial objection to the

announcement. But it was met with concern by Cameron Murphy, president

of the NSW Council for Civil Liberties.

 

" NSW has the toughest anti-terror laws in the world and police should

be using the existing powers, " he said. " There's no evidence these

addition powers will assist in finding and prosecuting terrorists. "

 

He said the increased search powers could " exponentially increase the

risk of police corruption " and, once introduced, may be extended to

broad general use.

 

Mr Murphy also rejected as " plainly rubbish " Mr Carr's suggestion the

laws would have aided police in the Brigitte case. " In the Brigitte

matter, the federal agency was aware of it and what did they do? They

chose to deport him. If they were serious about Brigitte, why didn't

they detain him? "

 

Stephen Hopper, the lawyer for Faheem Khalid Lodhi, a terrorism

suspect and alleged associate of Brigitte who was arrested in April

last year, said there was no need for the laws. " ASIO have the powers

already to do such things. They're the appropriate body to advise the

federal government. "

 

Neither the NSW Police Commissioner, Ken Moroney, nor the his deputy,

Andrew Scipione, was available for comment last night.

 

The covert search warrants would allow police to enter premises, seize

property, copy documents, operate electronic equipment and conduct

forensic tests. The court could also extend the six-month period in

which the occupant need not be notified.

 

A judge would only issue such a warrant " if he or she is satisfied if

there is a reasonable suspicion that a relevant offence has been or is

likely to be committed, a search would substantially assist in

preventing or responding and it is necessary for the search to be

conducted without the occupier's knowledge " , Mr Carr said.

 

Police will be able to apply for listening device warrants for up to

90 days under the new laws, up from the current 21 days.

 

In another move, prisoners believed to be involved with terrorist

groups or a security risk will have their contact visits limited and

their mail more closely monitored.