by CAA | Jun 25, 2023 | Corruption, Investigations, Library, Politics, Victoria Police Issues
26th June 2023
Premier, time to pick up the phone. Two quick phone calls will resolve the impasse in determining the gult or innocense of individuals involved in the Lawyer -X affair.
A demonstration of leadership.
The calls will not compromise the independence of either party. All that needs to be done is that advice is given for both parties to cooperate in the best interest of the administration of the Law.
Both parties are eminent legal professionals, so a quiet word from you and everything can move on.
The impasse that has evolved between the Director of Prosecutions (DPP) Kerri Judd KC and former High Court judge Geoffrey Nettle, Special prosecutor (OSI) tasked with investigating whether criminal charges should be made against a number of people in the Lawyer-X affair, does not serve our Legal process well.
The issue is over the authority to prosecute, and in our view, the failure to give the Special Prosecutor power to prosecute was a significant failing.
Although we only have access to public information, we are bemused that the issue between the two legal heavyweights has tended to focus on the offence of Misconduct in Public Office. Undoubtedly, this offence could apply to many of the individuals accused.
We are somewhat mystified why the offence of Conspiracy to pervert the course of Justice has perhaps not been pursued, as it very obviously threaded through the whole artifice and would allow the Courts to properly dispense appropriate Justice depending on the roles of the perpetrators responsible for the entire artifice.
The Lawyer-X scandal has spanned many years at an eye-watering cost to the public purse without resolution, and the Special Prosecutor, a recommendation of the Royal Commission, was a positive step to bringing the matter to a conclusion, resolved by the Courts, enabling a line to be drawn under the matter.
The community will be outraged at the expenditure without resolution of these matters by a court. Equally, the potential of the guilty walking free without accounting to a Court for what was described as egregious behaviour is unacceptable at any level.
The community is developing an increasingly jaundiced view of the lack of resolution in matters, particularly where corruption by officials of the State is inferred.
Further, without resolution, the deterrent effect, a critical function of the administration of the Law against repetition in the future, is lost, and the sanctity of Client Lawyer privilege is forever diluted and compromised.
There has been a series of Legal issues allowed to drift into the ether without a proper resolution,
- The Red Shirts. Alleged misuse of public monies, which may have involved criminality, that may have unfairly interfered with the electoral process.
- The Quarantine fiasco . Allegedly responsible for the deaths of over eighty Victorians during the COVID pandemic.
- I-Cooks Foods What seems to be a conspiracy by Public Officers to shut down a private business because it competed in a market space the Government moved into.
- Premiers Vehicle crash. Involving a cyclist, many suspicions and contradictions place serious concerns that the truth has not been told, and a cover-up of the facts was embarked upon.
- The non-prosecution of politicians. A number of politicians clearly identified as rorting the system of parliamentary allowances, theft by deception. Officials would not hesitate to prosecute this behaviour if it happened outside of the political sphere.
The pattern is now actual, and the uncertainty created by non-resolution runs the risk of the whole Government being known for cover-ups, irrespective of whether there was one. The confidence of the community can become irreparably damaged.
Additionally, the attorney has very scant knowledge of the Legal system and is embarrassingly exposed as a lightweight on legal matters.
The trashing of legal professional privilege is a critical legal principle, and appropriate penalties must be imposed to reduce the likelihood of it ever happening again.
Ordinarily, we would be recommending that the Attorney General intervene; however, according to reports in the Herald Sun on 24th June 2023, Jacklyn Symes MP, our Chief Law Officer, Attorney General (AG), said,
“…it would be wildly inappropriate to give the OSI prosecutorial powers.”
“We have an investigative body; it’s not appropriate for an investigative body to then decide they are the prosecutor as well,” she said.”
This claim by the AG is remarkable in its naivety of the legal process and standard practices operating in our legal system.
Disgraceful from our highest Legal officer.
The AG is wrong in her assertions about prosecutions.
There is a proliferation of organisations within the government system that then have ‘wildly inappropriate powers’ as investigators and prosecutors, including,
Police – Local government – VicRoads – IBAC – Health Department – Energy, Environment and Climate Change Department, and others, – also including some Government authorities.
The reality is that most prosecutions undertaken on the State’s behalf are made by agencies other than the DPP. The AG’s interpretation is breathtakingly mistaken.
The DDP’s role only becomes evident in matters that may end up in a Court higher than the Magistrates Court. The DPP Act give the DPP responsibility to act as the prosecutor in such matters.
Other than a direct presentment, rarely used, accused persons are subject to a Committal hearing, where a Magistrate rules on whether there is a Prima facie case for the accused to answer, a fail-safe part of our Legal system.
We call on the Premier to exercise leadership and either support the proposed Opposition bill on this issue or make a couple of calls to resolve this tiff between two professionals and allow the legal process to proceed.
It would be criminal of itself not to have this matter proceed and the multimillions of dollars invested in this process wasted.
by CAA | Jun 23, 2023 | Corruption, Investigations, Library, Politics, Victoria Police Issues
23rd of June 2023
When Law enforcement becomes law-breaking, there must be accountabilities.
The continuing saga of the Lawyer-X criminality by law enforcement appears to be one of the most serious overreaches by serving police personnel in Legal History. How can it be that nobody is going to be held accountable?
As serious as this issue is, the resolution casts a darker pall over the entire legal system and severely damages the cornerstone of its success, community confidence in the legal system.
When the Victorian Government appointed the Special Investigator, former Australian High Court Judge Justice Nettle, there was hope that what he found, would be addressed. The current Director of Public Prosecutions (DPP), Kerri Judd KC, is reported to be at an impasse with the Special Investigator with regard to the charging of key people in this matter.
Justice Nettle has impeccable credentials, being part of the full Bench of the High Court when it handed down the unanimous decision dealing with Police actions in and around Lawyer X. The Court determined there were ‘Fundamental and Appalling Breachers, of proper police behaviour’; and potential criminality by Police and others in the management of the informer Lawyer-X. After years of delays because, in part, the actions of previous Victoria Police administrations, in retrospect, were clearly designed to protect themselves, not action to facilitate a legal outcome.
It seems that some actions by Victoria Police were in the best interest of the Chief Commissioners of the day and other executive Police. It is not so clear that they served the proper application of the law.
A conflict of interest of mammoth proportions is now apparent.
Decisions by VicPol executives in legal matters seem to have been designed to protect Chief Commissioners who could be facing criminal charges, legal actions which were authorised by those very same Commissioners who may stand accused of unlawful acts. It is possible this protection went further than the Chief Commissioners and included legal entities of that time, some of whom are now sitting Judges.
Is the Government trying to save itself from embarrassment, knowing that if this matter was to go to Court, it would expose those who received promotion or appointments by the Government while their illegal involvement, if any, in the Lawyer-X fiasco was known? The CAA has noted that legal practitioners who represented the Government or its Ministers and Senior Bureaucrats have been regularly promoted to the Bench after their work for the Government.
Interestingly, the media in Western Australia have reported that,
“Nicola Gobbo was prepared to plead guilty to perverting the course of justice and testify against Victorian police officers, including a senior figure in the gang-busting Purana taskforce, over their involvement in a “joint criminal enterprise.”
– WA Today, 21st June 2023.
The offer to plead guilty would only have only one purpose, to mitigate any sentence imposed.
The big concern for some is that once she achieved a benefit for offering to testify against the Police, who else will she then offer to testify against? What other intelligence on the activities of others could be made public to further her advantage?
A leopard doesn’t change its spots; once an informer, always an informer, and Gobbo will use the information (power) she possesses for her own benefit.
Offering to testify against the Police is simply the first card she is dealing with. No doubt she has many more to play.
If the evidence is not there, a committal hearing will determine whether there is a prima facie case. And then it is up to a Judge and jury. A Magistrate may determine that there is no prima facie case and dismiss the matter rather than have it unresolved. We acknowledge that the DPP has the power she has exercised, but that does not make the application of that power right.
The CAA strongly believes that the DPP’s decisions must be questioned as they appear not to be in the public interest. The public can reasonably expect this identified egregious behaviour to be determined by a court. It does not differ from any other heinous crime, and no statute of limitations applies.
Additionally, the argument about lapsed time is disingenuous as the Courts regularly determine the guilt or innocence of accused persons who may have committed offences decades ago, as with some sexual, fraud and capital offences.
The argument over whether there is a likelihood of a conviction in this matter seems somewhat premature as the briefs are not all finished. As is normal practice in complex matters, the DPP has been included in the investigative process; however, deciding before the race is run is problematic.
Running the cost argument is also disingenuous as the multi-million price tag already spent is a complete waste if the matters do not go to Court, particularly when the cost to finalise these matters is probably quite a lot less than was spent getting to this stage.
Even so, the arguments put forward by DPP Judd are tenuous because the broader community needs and is entitled to know the innocence or guilt of the people involved. We note that some continue to hold senior positions.
This is, and should form, the central piece of decisions by Judd as it reflects wholly on the Judicial system and the Police.
Corruption often hides in the shadows. To restore a measure of confidence in the legal system, the DPP must allow light to shine on the allegations. We cannot continue to operate in the dark.
by CAA | Jun 22, 2023 | Corruption, Investigations, Library, Politics, Victoria Police Issues
Once again, we see the Victorian Director of Public Prosecutions (DPP) refusing to act on clear and compelling evidence of the commission of criminal offences.
When the Special Investigator, Geoffrey Nettle AC KC is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy, recommends prosecutions, one, could reasonably think that the evidence of the commission of criminal offences must be clear and compelling.
That the DPP could conclude that a court would not convict flies in the face of common sense. Surely, given the qualifications of Geoffrey Nettle, a jury should decide guilt or innocence.
How can the DPP be made accountable for such an inexplicable decision?
Why should a long-suffering public not be outraged that perpetrators identified by Nettel do not face the courts?
The actions of Gobbo and, by extension, others, were found by the High Court as ‘Fundamental and appalling breaches‘, yet the DPP is unwilling to put the perpetrators before the Courts.
The Community Advocacy Alliance (CAA) calls for the immediate resignation of Kerri Judd KC. Anything less means the State is condoning crime.
by CAA | Jun 19, 2023 | Library, Youth
20th June 2023
The Community Advocacy Alliance CAA has been concerned for some time and repeatedly warned that failing to undertake effective preventative, proactive programs will lead to a worsening youth crime rate.
Our worst fears have been realised.
So concerned about Law enforcement’s direction, the CAA developed a Police Veterans in Schools Program with many Police coming out of retirement as volunteers to deliver the program. But this was thwarted by the then Chief Commissioner Ashton and the impact of COVID.
The current Chief Commissioner who supported a school’s program has been unable to implement it, and we wonder whether there was pushback from the Education Department or Union against the proposal. Or perhaps internal pressure by those Police with a limited mindset only capable of understanding the reactive approach as the role of Policing.
Irrespective, the State still does not have a structured, measurable program that can intervene and reduce crime before it occurs; proactive Policing.
Unfortunately, over two decades ago, the then Police Command withdrew the Force from active involvement in working face-to-face with youth and the community in crime prevention programs. This decision was not based on any empirical data but the opposite and was implemented by an executive that obviously did not understand Policing and functioned on a whim.
Although there is some activity in this space today, it is minuscule, the efficacy is flaky at best, and what does happen now is not structured or measurable.
The programs scrapped or so severely impacted as to make them impotent, were ‘Blue Light Discos’, ‘Police in Schools Involvement Program’, ‘Safety House’, ‘High Ropes’, and ‘Operation Newstart’, all of which were force-wide. While numerous other programs initiated by local Police, such as ‘Backyard Rugby’, ‘Poll Position’, ‘Walk It Like You Talk It’, and many more, actively engaged with youth.
These programs were predominantly driven by the frontline Police acknowledging the problem and providing a solution, a bottom-up approach with the front line Police having ownership of the initiative and, therefore, voluntary commitment.
The Police recognised the importance of schools in these programs and generally involved them and their community, creating a whole of community approach, to the benefit of the children.
What is forgotten is that the growth of youth gangs can only occur where there is a pool of willing youths eager to join. Engaging with the younger youth before they are misdirected, is the only sure way to mitigate the gang culture – cut the supply line.
Ironically many of these programs initiated and developed in Victoria and then scrapped continue very successfully in other States and overseas, where the value of these programs is universally accepted as an essential part of effective Policing.
Victoria Police have been forced to adopt a more reactive, risk-averse policing model.
The current Chief Commissioner, Patton, is attempting to return to a community policing model, but unfortunately, it is like trying to turn the Titanic. And like the Titanic, these attempts have failed, and the inevitable outcome is where we are today.
In well over a decade, there has been a huge turnover in police numbers, and consequently, many newer police officers know nothing but a reactive policing model, with proactive policing an anathema to most.
We are paying a heavy price with substantial Police resources heavily committed reactively to the youth issue. This is at the cost of servicing the myriad of other societal problems that befall a community. The most obvious is Domestic Violence and the Road Toll.
The result is already being felt, with a marked decline in effective crime prevention, impacting all facets of our lives. Increased incidents of Domestic Violence and a soaring Road Toll.
Fear of crime can be the worst form of oppression for any community.
Having identified failings within Policing, the real elephant in the room seems to avoid scrutiny.
Hiding in full sight is the Judiciary.
While the focus, to a degree, is unfairly levelled at the Police, it is unfair for the Police to shoulder all the blame when it is the Courts that bear the ultimate and the lion’s share of responsibility for the situation we now face.
Police arrest and charge perpetrators, but it is the Courts that determine the penalty upon conviction and must take responsibility for the outcomes of each sentence imposed.
The responsibility for charging perpetrators lies with the police, while the courts determine whether they become recidivists.
However, the legal system in Victoria seems to be a combination of different approaches that claim to be innovative but lack any accountability. The introduction of Restorative Justice in the past decade has caused significant harm to the legal system. This process has reduced the accountability of perpetrators for their crimes and, in some cases, has shifted the blame to the victim. For instance, in cases where the victim left a window open, the perpetrator climbing in and stealing property was seen as less serious, thereby reducing the criminal’s culpability. This is absurd.
In all of the nonsensical initiatives or interpretations that followed the lauded Restorative Justice initiative, the Courts lost perspective of what they were there for and any semblance that the Courts bore any responsibility for the crime rate, is successfully disguised.
Our Court system has so deteriorated that perpetrators can be bailed multiple times, have multiple court appearances, and the Courts simply find excuses to allow the perpetrators to return to the community to offend again.
The oft-hackneyed phrase, ‘incarcerating perpetrators only makes them worse’ -is arrant nonsense because the rhetorical question that must follow is, ‘worse than what?’.
Perpetrators who are recidivists are ‘worse’ back on the streets, particularly young ones who need to be protected from themselves as much as the community needs to be protected from them.
Any notion that the Courts have an obligation to the Victim or society more generally has evaporated. The Courts have been totally encapsulated in the notion that the offender needs all the considerations, and somehow being nice to them will solve the problem.
We suggest that the problem is, that most juvenile offenders who are at the lower end of the IQ Scale see anything other than incarceration as beating the offence.
In reality, most offenders scoff at the lenient sentencing as nothing more than an inconvenience, as the Governments own statistics reveal.
Reoffending by children and young people in Victoria found that in Victoria, young people aged 10 to 14 years have the highest reoffending rates of all ages in the criminal justice system, with more than 80 per cent reoffending at some time, and more than 60 per cent reoffending with an offence against the person (Aggravated Burglaries).
https://www.justice.vic.gov.au/youth-justice-strategic-plan-2020-2030-delivering-age-appropriate-responses-for-10-to-14-year-olds#
The Judiciary has clearly failed in its duty. Generally, it passes off the responsibility for this shocking State of affairs to the ‘Juvenile Justice system or Police, but it is the Judicial officers who are the ones who determine the outcomes, not some bureaucrat working in the Department or a police member trying to attend more calls than the available time their shift allows.
All the browbeating is worth naught until the Judiciary starts regularly incarcerating offenders rather than issuing continued warnings, introducing consequences, a novel approach to reducing crime.
It’s important to understand that detaining juvenile offenders for a brief period can actually be beneficial in breaking their behavioural patterns. This point is often overlooked by those who are against incarcerating minors.
A child lives in the moment, and time relative to them differs greatly from that of an adult.
Many within the Judiciary avoid the hard decisions, and until we insist on accountability and the compilation of useful statistics where the performance of a Judicial Officer can be measured, nothing is likely to change.
What value is a Judicial officer’s service to society when their decisions translate into a very high recidivism rate amongst perpetrators who are convicted in their Court?
We need to shift the focus of the Courts to their proper role of reducing crime.
Without the Courts doing their job, the Police cannot do theirs, and we all suffer as Police are committed to the recidivist gangs rather than other important issues.
And the future? Courts will continue to allow perpetrators to avoid responsibility for their crimes, and Police will be faced with ever-increasing demands for increased police numbers to deal with exponential demand for the reactive function, at a huge cost to the State that you and I pay for.
We desperately need a brave Government intervention and a circuit breaker to the spiralling downward trend of Law and order in Victoria.
Without intervention in the Courts current philosophical disposition, criminals will ultimately face far less punitive outcomes for their activity and coupled with the moves to decriminalise the Drug issue and raise the age of criminal responsibility, you can see where it is headed – and it is not good.
by CAA | Jun 18, 2023 | Investigations, Library, Road Safety
18 th June 2023
The Community Advocacy Alliance (CAA) is a group of retired police officers and concerned citizens who are committed to making Victoria a safer place.
Recently, CAA obtained statistics from Victoria Police regarding calls made to 000 reporting erratic driving or suspected DUIs. Dr. Ray Shuey, a former Victoria Police Assistant Commissioner for Traffic and a member of CAA, submitted the application for the data, which cost $440.00 and covers the years 2020 to 2022.
The data shows that in 2022, concerned community members made over 51,000 calls 000 about problematic road users. However, in 88.61% of these cases, the only response was a “Keep A Look Out” (KALOF) broadcast, with no further investigation being undertaken. Only 7.18% of cases were recorded as “enquiries pending,” but there was no follow-up on the outcomes of these enquiries. Only about 1,000 calls resulted in any real action, such as an offence detected, an offender apprehended, or a stolen car located, resulting in a success rate of approximately 2.21%.
Clearly, the community wants to make our roads safer, but the Victoria Police response is woefully inadequate. This issue was first raised within Victoria Police in December 2011 and again in June 2013 but little has changed in the intervening decade.
At the time of the 2011 report examples were cited where the only response would have been to Keep A Look Out For, but for further intervention. No doubt every reader would be able to recount their own similar experiences:
- 2 x vehicles seen “dragging” along Ferntree Gully Road Glen Waverley, registration number of both vehicles provided. No vehicle available to attend, disposition recorded as AAC (All Apparently Correct). Analysis of LEAP data indicated that the probable driver of one vehicle currently had 19 demerit points and had recent criminal convictions for serious offences. His Dossier stated, “The subject person is into high performance drag cars. Currently doing up a LH Torana for street drags.” Contacted caller who stated she was a nurse at the xxxx Hospital and constantly saw people in emergency who had been involved in vehicle collisions. Stated she got her friend, who was a passenger in the car at the time, to ring 000 as she feared for the safety of other road users. Both prepared to make statements and attend court if required.
- Vehicle observed driving dangerously on the Monash Freeway towards the city, correct registration number provided. 251 directed KALOF. Contacted 251 and requested that a unit be directed to investigate. 251 replied in email a short time later that the registered owner and the reporting person had both been contacted. The registered owner stated that the vehicle was being driven by her granddaughter. A further check revealed the granddaughter has numerous prior convictions associated with drug use. The reporting person provided additional details of the extent of the dangerous driving and stated she was prepared to make a statement.
- Vehicle seen at 1100hrs in Chapel Street, Prahran, several callers reported the vehicle had driven through 2 red lights and overtaken a tram on the incorrect side of the road. Correct registration number provided. Units directed by 251 to locate vehicle, unable to locate, no further action taken. Checked LEAP, noted on registration pre-enquirer that at 1330hrs on the same day a member from Melbourne Highway Patrol had checked the vehicle. Contacted member who stated that the vehicle had been involved in a serious collision and the driver was taken to hospital. Stated witnesses had seen the vehicle travelling along St Kilda Road and overtake a tram and then collide with a tram stop. Driver possibly drug impaired or psychiatric issues. He had not been aware of the earlier incidents as they were on a different radio channel.
Another tragic example was cited in the 2013 report which had played out with tragic consequences with the death of a 70-year-old female driver. A drug affected driver was convicted of culpable driving. In a 10 day period before the fatal collision a number of calls were made to 000 reporting the driver. In sentencing the Judge made comment that despite numerous calls to police no immediate action was taken. Any of the incidents reported to police could have amounted to Reckless Conduct Endangering Life or Serious Injury, in which case it would have been open to Victoria Police members to arrest and bail the offender with conditions, thus providing an immediate response within existing legislative processes.
As pointed out in the 2011 and 2013 reports clearly the consequences of failing to adequately address this issue are serious, including preventable serious road trauma caused by these drivers, further serious driving offences being committed, disqualified or unlicensed drivers remaining undetected, and damage to the reputation of Victoria Police. Additionally, failing to address this issue means missed opportunities to reduce the road toll, raise perceptions of safety, identify and target recidivist offenders, target individuals who pose a heightened risk to community safety and increase confidence in policing.
An effective solution would be to properly investigate these calls, which are often supported by mobile phone or dashcam footage and/or other witnesses. If a caller did not want to provide a statement due to a relatively remote possibility of having to give evidence in court, a letter could be sent to the registered owner advising that their vehicle had been observed being driven dangerously, and on this occasion, no further action would be taken, but the incident had been noted. This would alert the registered owner that others had seen what had occurred and prompt them to reflect on their driver behaviour or who they authorized to drive their car. There would be a provision for a registered owner to query the event, but the identity of the person providing the information would be protected.
CAA has recently had discussions with Victoria Police about how to progress an effective solution to this unacceptable situation. It will likely require additional resources, but it is worth it for a safer Victoria.
It is up to the Police command to manage and prioritize existing resources, work with communities, share data, and make a transparent, cogent case for additional resources. This follows the an evidence-based policing approach in keeping with a Prevention and Community Empowered (PACE) policing model. The public wants to make our roads safer, and it’s time for Victoria Police to take a more effective approach to investigating calls to 000 regarding erratic driving.
by CAA | Jun 7, 2023 | Illicit Drugs, Library
6th June 2023
There has been talk of introducing Drug Buses in Victoria, which is an interesting concept with potential benefits.
With the introduction of buses for addicts to shoot up in ‘safety’ currently under consideration, the North Richmond facility can be closed, relieving the residents of North Richmond of the tedium and fear of dealing with the facility in their midst and the effect of normalising drug activity with Primary School age children in the adjacent school.
But before this concept gets too much traction, and Victoria rockets down the road to decriminalisation, the Canadian approach to the Drug issue must be examined because there are direct comparisons between the Canadian States which give a true insight, with some opting for the path to decriminalisation and some opting for a solution rather than a band-aid.
The stark failure of the decriminalisation approach, a direction Victoria is heading, has been laid bare in a YouTube video (see below link) that is essential viewing.
The unintended consequence of decimalisation has seen a crime rate rise of 400% in one area, and the situation where nothing can be done if an addict decides to smoke crack in a restaurant; it is legal. But patrons who smoke cigarettes in a restaurant can be fined because it is illegal.
Another interesting development in Canada has been the marketing initiatives adopted by Drug dealers. This mobile drug store was recently seen on Canadian streets in a decriminalised State.
With the drug buses and a mobile Drug store that will be an interesting quinella in the decriminalisation path,
Drug-injecting buses may end up in your local MacDonalds car park parked next to a Mobile Drug Store.
There are concerns that the same people who chose to locate the Richmond facility in a residential area near a Primary School may also make poor decisions about where to park these buses.
The argument for Drug Buses is to save lives, but most people believe treating drug addiction is a better way to help addicts.
While it’s possible to save a drug addict today, in an injecting facility, they may still die tomorrow. Their health risk has not been mitigated.
Therefore, the focus should be on getting addicts into treatment and off drugs to prevent overdoses in the future.
We know that Drug addicts do not respond to advice while under the influence of drugs, so the only option is to create a circumstance where they may be secured with a Health Order for treatment as proposed by the CAA in 2018.
The legislation already exists – The Victorian Severe Substance Dependence Treatment Act 2010 and could be implemented almost immediately with minor amendments.
The drug approach in a number of Canadian States seriously addresses the Drug issue to save lives by addressing addiction which is both the drugs and the drug lifestyle and any other health issues contributing to their addiction.
A Canadian-produced YouTube is, without doubt, the best insight into the drug issue yet and must be compulsory viewing by all politicians and decision-makers.
Those involved in any aspect of the Drug issue and think they know it all should view this on YouTube.
https://youtu.be/_RaWzJUeT0o
For the CAA proposal, see
https://caainc.org.au/drug-quarantine-a-new-paradigm-2/
by CAA | Jun 6, 2023 | Illicit Drugs, Library
First published 2018
There is no argument, based on fact, that we are winning the war on drugs. But, if winning or losing was adjudged, we are losing and being smashed.
The benefit of the millions of dollars applied to the supply side of the illicit drug trade can only be described as relatively ineffective on any cost-benefit analysis. Equally, there is no effective broad-based proactive strategy to address the issue of users, the demand side.
Huge drug busts should not be the measure of success for law enforcement because, at best, it causes some disruption. But, as one commentator quipped recently, syndicates allow in their business model for law enforcement to have some success and be ripped off by other criminals. Still, the vast profits make this risk worthwhile.
We do not suggest targeting criminal importation of illicit drugs be rewound. However, to make the war on drugs deliver some impact on the illegal trade, we need to attack not only the product but the hearts and minds of users and potential users, and that is the demand side of the equation.
With reduced demand, the supply will ultimately shrink after initially creating an increased oversupply. As a result, the oversupplied product is harder to offload, forcing prices down, and the level of crime to maintain a habit fades.
Although we are not naive enough to suggest a strategy addressing the demand side would eliminate the drug trade, it will not, but combined with the attacks on the supply side, it is likely to markedly reduce the number of users and, to a degree, mitigate the problem The mitigation will be in direct proportion to the application of strategies aimed at the demand side.
Most current resources applied to the demand side are generally targeted at those entering or about to enter the criminal justice system. Unfortunately, there is little evidence that there is any effective intervention before this. When users enter the Justice system, the chances of an effective diversion are severely diminished; it is too late for many.
The CAA believes that a strategy that involves early intervention is far more likely to be effective than waiting for the problem to manifest substantially.
The strategy.
We have come to accept that Quarantine is a very effective way to control contagions in the community. Illicit drugs arguably kill more Australians than during the COVID Pandemic. We accept Quarantine for that lesser evil, so why not apply the same principles to Illicit Drugs, creating drug Quarantine facilities?
Populating a drug quarantine facility.
Anybody suspected of being under the influence or adjudged by Police or a medical practitioner on reasonable grounds to have ingested illicit drugs and a drug test on-site returns a positive, these people can, by Health Order, be immediately placed in Quarantine.
What might a Drug quarantine facility look like?
A secure place where users can be medically assessed and held on a Health Order for up to fourteen days while they are evaluated and their health adjusted before being released back into society or the legal system.
The first function of the facility is to conduct a clinical assessment to confirm the presence of illicit drugs. A person found not to be under the influence of drugs must be immediately released from the facility after advising the Police if other Judicial obligations exist.
During this period, experts can work with the person to guide them to deal with dependency or other health issues. They can access support if required and have them return to society in a better condition than they were, armed with how to escape their addiction and/or lifestyle changes to remove the necessity of drugs before becoming addicted.
Taking drug-affected people away from Hospital Emergency Rooms and off the streets must be one of the great positives of this strategy.
We would argue that there is no reasonable opportunity for clinicians or others working in the shooting gallery environment to have any user interaction with the addicts. Because there are none, the shooting gallery, falsely labelled a safe injecting room, is a drug facilitation facility.
Users arrive desperate for their fix and leave on a high, so the argument that prevention work is carried out is a myth. That is why the most important statistic that these facilities will not publish is the number of addicts diverted from their addiction.
An addict or drug user in Quarantine would be absolutely focused on clinicians making medical intervention far more effective because of the nature of the facility.
What of the mechanics of this proposal?
A Drug Quarantine facility will need to be as secure as any other Quarantine facility with some added safeguards specific to the purpose.
The concept is to have strong security by a suitable agency and inside managed by Health professionals.
A drug-affected person who has allegedly committed a serious crime and is under the influence of drugs when arrested can be sent to the facility and be transferred back to the criminal justice system on the expiration of the fourteen days for Justice processing.
It would be reasonable to presume that an alleged perpetrator will be much better able to deal with any criminal matters being as healthy as can be achieved in fourteen days.
Where will they be located?
Drug quarantine facilities can be housed in the now redundant properties and buildings secured for the COVID pandemic. Repurposing these resources would be sensible and supported by all Victorians. The attraction of this approach would give Victoria a resource never before enjoyed should a wide-ranging pandemic ever eventuate in the future. The Drug quarantine facilities can be repurposed back for the duration of any new challenges. Short-term interruptions to the Drug service would have little meaningful impact on the Drug patient as their stay in the facilities are only short-term.
What benefits of this approach?
There would be a number of positives cascading from this initiative; we have listed a few.
- The significant and first impact will be on reducing drivers on our roads that use drugs and the lives saved. The effect community-wide will be almost immediate, and the deterrent effect profound.
- Illicit drugs impact domestic violence, and removing a drug-affected perpetrator from a violent domestic situation is a very positive capability that can also save lives.
- Drug users, particularly in their early foray into the scene, will be discouraged from further involvement.
- The drug scene will be driven underground, a real positive, to keep it away from our kids. Anything that makes drugs more difficult to obtain is a positive, as necessary as being socially derided.
- An addict may find that returning to the quarantine process as a repeat user may be the catalyst to encourage the person to seek a way out from their addiction, creating the motivation necessary to break the addiction.
- The stigma attached to the Quarantine facility will also be a substantial deterrent to would-be users. But, on the other hand, time out in the facility may be the early intervention that stops the cycle of rampant addiction.
- It is unlikely that Police would proceed with any criminal matters on the lower end of the criminal scale on users quarantined, exercising discretion and preventing many from entering the Justice system, consequently reducing court caseloads.
- Importantly, the maintenance and access to quality data for research purposes would start to achieve data that can be relied upon as the depth and demographic associated with the problem become evident to allow the development of more targeted approaches.
Why will Quarantine work?
Will Quarantine move all away from drugs? No, but the impact on their health and giving them a hiatus in their lifestyle might just have the desired effect for many. After fourteen days, they will have lost their position in the drug empire, so they will have to start again. Disruption can sometimes be more effective than the current options and should never be underestimated as a counter to an illegal problem.
Identifying and removing trigger points for addicts over fourteen days would act as step one to recovery, and with the trigger points identified, it can be the start of a way out.
Rehabilitation
We accept the arguments for rehabilitation and the lack of resources available to addicts; there does need to be an increase in these resources; however, pouring buckets of money into the rehabilitation of addicts will not solve the problem per se. The nirvana of a rehab centre on every corner would add to the problem, not diminish it, with the same impact as safe injecting rooms. They both play as a positive in the drug Marketing mix, not a negative, as should be the case.
The consequences of no action
The community is only too aware that community leaders’ efforts to manage the drug issue have failed abysmally. There are no forward-thinking strategies that we know of, to overcome, or at the very least, achieve a reduction in the problem.
More Safe Injecting Rooms means more addicts and growth in the drug industry.
Make no mistake, the explosion of Safe Injecting Rooms is seen as a pathway by some towards the legalisation of Illicit drugs; it is merely step one.
Separation of legal and health issues.
We must accept that while illicit drugs are a legal issue, addiction is a health one, and the separation needs to be understood.
Incarceration within the Justice system and given the innate ability of individuals to be innovative to satisfy human needs (including needs not listed in Maslow’s theory), we are not particularly confident that being in jail will necessarily mean no access to drugs.
While we strongly advocate the health aspect as essential to address, the criminal aspect must not be ignored.
Drug addicts do not commit a crime in some involuntary state, they may have strong urges to satisfy their addiction, but the offence is only the method to access the drugs. They are entirely cognisant that their actions are criminal. Often the crimes require planning, and that is not the actions of an addict in some involuntary state.
As we separate the health and the crime issues, the courts must separate the addiction from the offence.
If a person commits a crime to service an addiction, the addiction should be irrelevant to any penalty. Deriving some benefit to penalty before the Courts because of an addiction to an illegal substance is in our view, objectionable.
Legalising/ decriminalisation of illicit Drugs
That is the holy grail for the drug industry and all the drug apologists who generally imbibe but do not want the hassle of potential criminal sanctions.
This is particularly an attitude amongst many elites who enjoy risk-taking but hold down very responsible executive positions.
Make no mistake, we are on the path to Legalising Illicit drugs. The strategy of creeping assumptions is well developed, with the end game not far away.
It started with the safe injecting Rooms. The legalisation of prostitution and now working groups looking at the of legalising drugs. We know what they will find and there will be little doubt that attempts to ram through legislation on this matter is nigh.
The working groups are looking at the how-to, not the why.
It’s not just Quarantine as the solution.
A Quarantine program is but one part of the strategy; the other is public awareness campaigns. The Quit campaign that altered community standards is a standout, but in this case, targeting the young to make drugs socially unacceptable in that cohort would be imperative. Take the ‘Cool‘ out of drugs.
Recent research suggests thirty lives per year, plus countless injuries, involve drug-affected drivers.
The acting Police Minster Ben Carroll, referring to drugged drivers, was recently quoted as saying, “Any measure on our roads to save lives is worth taking”, and he is absolutely right. However, we need a new direction because what has been done to date has been a failure.
It is common knowledge amongst particularly young drivers that consuming alcohol and driving is too risky, but party drugs are undetectable (the integrity of this statement is questionable, in fact). So, they use drugs in lieu of alcohol with all the added risks—particularly the long-lasting effect of days, not hours.
The prospect of 14 days of Quarantine if a driver is detected with drugs would dramatically reduce the Drug Driver problem overnight.
What of the other issues?
This paper does not address the myriad of detail required to implement this proposal but proposes a concept that can be developed into reality in a relatively short time frame.
The quarantine approach to Illicit drugs is new and innovative and, most importantly, infinitely measurable.
Victoria can become a world leader in this field by applying a commitment towards a solution for the illicit drug problem.
It is convenient that the government has two options currently available to implement the program by repurposing two Government facilities, the Quarantine facility at Mickleham and the Yooralla Building in the CBD.
Repurposing both facilities would receive strong community support and have almost an immediate impact.
by CAA | Jun 1, 2023 | Library, Road Safety
2nnd June 2023
Upper House Nick McGowen’s comments regarding drivers using headlights during the day caught my attention recently. HS 1st of June 2023, A Bright Idea.
In the 1970s, while stationed at Seymour Highway Patrol, I often found myself from time to time, losing sight of oncoming vehicles or those waiting to turn onto the highway. All be it for a slit second, but long enough for it to be potentially dangerous, particularly at dawn, dusk, and variable weather conditions. This was especially dangerous for catching-speeding motorists, as high-speed driving was commonplace, and that facilitated constant high-speed driving for enforcement.
I was ridiculed by my superiors when I suggested that drivers should use their parking lights while driving. I was even directed not to use them in police vehicles.
Interestingly, I could not find any regulation that prohibited driving with headlights during the day.
MP Nick McGowan’s proposal to require all drivers to activate their headlights during the day is a sensible measure that should be supported by all politicians. This simple initiative can significantly improve visibility on the country as well as metropolitan roads, particularly in areas with shadows and variable conditions. However, drivers of vehicles without daytime running lights should be required to use their parking lights.
Aftermarket daytime driving lights are available for less than $100 and are easy to install without the need for a specialist auto electrical service. Therefore, it is reasonable to require vehicles that need a Certificate of Roadworthiness to be fitted with these lights.
While I support this initiative wholeheartedly, it saddens me that it could have saved hundreds of Victorian lives if it had been introduced in the 70s.
The lesson here is that our legislators should not dismiss ideas simply because they cannot see their value; sometimes, the visions of others are critical.
by CAA | May 26, 2023 | Corruption, Library, Politics
26th May 2023
In the Herald Sun of 25/05/2023, there is an article referring to the charging of a former Police Sergeant, Mark Sims, with Misconduct in Public Office and other offences for writing a message on a whiteboard at Kyneton Police Station in November 2020, “beware of the rats”.
Ultimately the charge of Misconduct in Public Office was withdrawn, and the only remaining charge was dealt with when Sims admitted to a single charge of causing disaffection among police officers.
While in no way condoning the actions of Sims, the fact of Sims being charged with Misconduct in Public Office is a cause for concern.
Over the past eight years, the Community Advocacy Alliance Inc.(CAA) has continually referred to actions of members of the Government that, in our view, clearly constitute Misconduct in Public Office only to hear that this offence was too difficult to prove for charges to be laid.
If writing “beware of the rats” on a police station whiteboard was considered sufficiently serious for the laying of a Misconduct in Public Offence charge, how is it that no politician has been similarly charged?
Incidents warranting such a charge range from the notorious Red Shirts Rort to the treatment of Ian Cook and ICook Foods, with many instances in between. In particular, the issue surrounding the Quarantine debacle, which allegedly resulted in the death of over eight hundred people. Nobody was held accountable, let alone charged with any offence.
Clearly, double standards are being applied. Those authorities who have repeatedly failed in their duty to the public to hold politicians and Public Officers to account should themselves be considered to have committed Misconduct in Public Office.
For how long are we expected to tolerate these double standards?
by CAA | May 7, 2023 | Illicit Drugs, Library, Politics, Safe Injecting Rooms
OPEN LETTER TO ALL VICTORIAN POLITICIANS
Recently The Community Advocacy Alliance Inc. (CAA) emailed a letter to you relating to the North Richmond, so called, Safe Injecting Room pointing out the utterly inappropriate siting of such a facility. We requested you to use your power to prevent the continuing sacrificing of the physical and psychological health of children who live near that facility and who attend the nearby school.
A majority of you opted to ignore our plea and have passed legislation ensuring that the well-being of children will continue to be sacrificed to the needs of drug addicts. For this, those who voted to pass this legislation ought to be thoroughly ashamed.
How in good conscience any thinking adult could believe the needs of drug addicts could outweigh the protection of little children beggars belief. see https://www.city-journal.org/article/the-harm-in-harm-reduction
Legislation can always be repealed.
The CAA implores you to reconsider this barbarous act and repeal this cruel legislation, and, if such a facility is to be continued, choose a site where children and local residents are not so adversely impacted on a daily basis.
Would you have your children, if any, raised next to an Injecting Room? If you answer honestly, your answer would be a resounding no.
If you voted against the permanent continuance of the Injecting Room at the North Richmond site, we congratulate you. If you voted for the continuance, we utterly deplore your inhumanity in continuing to sacrifice children in 2023 and beyond.
The CAA will continue to do all it can to protect the rights of affected children and local residents.
(It should be noted the CAA has proposed a much better health related approach to dealing with drug addiction.)
