Archive for the 'Crime' Category

Bikie gangs and the law

Ken Parish has an excellent post at Club Troppo about the excessive reach of the “anti-bikie” laws recently enacted by several state parliaments. The powers, and the lack of safeguards on using them, provided by the laws are akin to the excesses of the anti-terrorism legislation (incidentally, when is sedition going to be taken off the books, Kevin Rudd?)

Amongst other things, this act permits “eligible judges” (hand-picked by the Attorney-General of the day) to proscribe organizations based on evidence which is not disclosed to either defendants or their lawyers.

I don’t have anything to add other than thanking Ken for drawing this to our attention. Why is it that every time we turn our backs on them, police forces are forever trying to acquire more powers, and supine governments are all too eager to hand such powers to them?

Cheerful and violent

As the world mourns for Michael Jackson, a “colourful” Melbourne identity is laid to rest with a tinnie of VB on his coffin. “Tupps” was the last surviving member of a Melbourne “crime dynasty” which has its own police taskforce assigned to it. This is called the Purana taskforce, the name of which I’m convinced was chosen just to make me guffaw when I hear it on the radio.

Just what is it with Victorians and their adoration of violent criminals, drug dealers and standover merchants? The same people who ring into talkback radio or post on news websites to froth about our crime epidemics and complain about too-soft sentences for drug addicts, dealers, burglars and “gang violence” (always “ethnic” gang violence), are all too happy to talk Desmond Moran up as a great guy who was just like one of us, really!.

His mother had a terrible job getting him to come in for tea. Putting his little boot in he’d be, bless him. All the kids were like that then, they didn’t have their heads stuffed with all this Cartesian dualism.

The traders are mourning “Tupps” – a “good guy” one insisted, as she watched the boys from forensics sweep up the street, inch by inch, shoulder to shoulder, working their way to Ascot Pasta and Deli-Cafe, where Moran had gone for his regular coffee. He’d sit on the street there most days.
No, she doesn’t want her name in the paper. But she wants someone to write that he had lots of friends and plenty of respect in this neighbourhood. People knew who he was, what was said, but they took him as they saw him.
“He was always the first to one to put his hand out to anyone who needed a hand. He’s been in the area for years and years, a lot of people will be very upset.”
Whenever she saw him sitting having his usual at the cafe where he died, just down the road from her shop, she’d get a “g’day, love”.

Stig: No. Never. He was a smashing bloke. He used to buy his mother flowers and that. He was like a brother to me.

As the police and others have pointed out, the media focus on the “gangland identity” angle has spawned a grotesque celebrity, epitomised by the “Gangland Matriarch” Judy Moran and the photos of her extensive wardrobe in the press. Life is imitating art. The men have been adopting Sopranos-like black suits and dark glasses at the many funerals that are a frequent event that world. Some of them, it seems, aren’t quite sure where Underbelly ends and their lives begin.

This is lapped up avidly by the same people who would be howling for the stocks to be brought back if they caught one of the poor wretches at the bottom of that food chain selling drugs to their schoolchildren. But then, the Morans and Williamses and Kanes are such lovely, old-fashioned folk at heart!

Mrs Simmel: Oh yes Kipling Road was a typical East End Street, people were in and out of each other’s houses with each other’s property all day. They were a cheery lot.

I don’t know if this celebration of (white) criminality is more rife in Victoria than other states. Maybe it’s because when we think of (white) criminal gangs we think of the Kellys (Scenery! Horses! Interesting cyberpunk armour! Robin Hood!) rather than the Rum Corps. The younger ones have Chopper Read, who has his own website, book deals and stints on talk shows. And then we wonder why some of the Yoof see crime as a viable way of life.

Disgusting

This is last week’s news, but here’s a story about a dodgy old vehicle that actually deserves some attention. In an old prison van with faulty air conditioning, an aboriginal man was transported 350 kilometres from Laverton to Kalgoorlie on a 42 degree day. By the time he arrived, his heart had stopped beating, and was probably already dead from heatstroke.

His alleged crime? Drink-driving.

These events are appalling on many levels, but, worst of all, the previous (Labor) state government had known about problems with the vans since October 2006, and didn’t do anything about it.

How are we supposed to achieve reconciliation with Australia’s indigenous people if we continue to treat them in ways that would result in a prison sentence if done to a dog? 20 years after the deaths in custody Royal Commission, no less?

Fresh OzCar thread

The Punch doubles down on OzCar with David Penberthy claiming that the email that is/isn’t is now a ‘red herring’ and that ‘Turnbull wasn’t shopping the fake email about’. Stablemate Paul Colgan says this is no longer about an email or a ute.

Glen Milne claims that ethics have been thrown overboard in government attacks. Possum at Crikey says that you’d have to be a lead poisoned crackhead to believe this. Denis Shanahan believes that the fate of Rudd, Swan and Turnbull is out of their hands.

Over at Fairfax, Peter Hartcher thinks the controversy will leave a question mark over the Prime Minister, and Phillip Coorey reminds us that there’s no such thing as a free ute, someone will have to pay for it.

In the Telegraph, red herring email stenographer Steve Lewis gives us his version of events and Malcolm Farr wonders just who will fall off the back of the Ute.

Do I have an opinion? Sure. Does it matter? Nope.

As is usual, when it comes to press gallery and political types, truth is the first casualty. It’s going to be a long and interesting day.

Update
[dk.au]: Email found. It’s fake.

Update [by Kim]: The focus turns to Malcolm Turnbull’s ethics and judgment.

The Author of A Blog v Times Newspapers Limited

At Skepticlawyer, Legal Eagle has written a fascinating post on the bizarrely named case cited above, which was heard recently in the British High Court. As she writes:

“The Author of A Blog” cited as the claimant was the pseudonymous author of a blog known as “Night Jack”. He was a police officer whose blog provided an inside view of police procedure, the seamy side of life and the law. In April this year, the Night Jack blog received the Orwell Prize for political blogging. However, after this, Patrick Foster, a journalist from The Times, determined to work out the identity of the blogger using internet research. Foster has justified his actions on the basis that the Night Jack blogger “was…using the blog to disclose detailed information about cases he had investigated, which could be traced back to real-life prosecutions.”

The blogger sought an interim injunction to restrain Times Newspapers Ltd from publishing any information that would identify him. Although an injunction was granted up until the time of judgment, the High Court ultimately refused the claimant’s application. The officer has been revealed to be Richard Horton, a detective constable with Lancashire Constabulary.

Legal Eagle draws an interesting inference from all this about Foster’s motivations:

I can’t help finding the action of The Times rather petty and malicious. For some reason, some journalists seem to despise blogging and bloggers (eg, an article in The Australian the other day to which I can’t even be bothered linking). There’s a suspicion in my mind that this journalist thought to himself, Let’s bring down a blogger who is writing something that is interesting and exciting.

Sow/Reap

Dr George Tiller

Our loss is also a loss for the City of Wichita and women across America. George dedicated his life to providing women with high-quality heath care despite frequent threats and violence. We ask that he be remembered as a good husband, father and grandfather and a dedicated servant on behalf of the rights of women everywhere.

Statement from Dr. George Tiller’s family.

Continue reading ‘Sow/Reap’

Detainees and protestors

Australia has been asked to take 17 Uighur detainees from Guantanamo Bay. Held for the past 7 years, they were declassified as “economy combatants” back in 2005. They can’t go back to their home, in north-western China, because of the well-founded belief that they would be persecuted by the Chinese government. Malcolm Turnbull, of course, is terribly concerned about the risks they pose.

Well, here’s an idea. Let’s take these poor sods – who’ve been sitting in Gitmo for seven years for no good reason – as a simple matter of humanity. To keep the nervous Nellies amongst the Tories happy, let’s use some of the 1500 ASIO agents Australia now employs – to be 1800 by next year, triple what it was back in 1996 – to keep an eye on them in the unlikely event one of them does pose a threat. Perhaps they could could spare some of the agents who clearly don’t have enough to do, given their interest in chatting to people holding up banners outside coal-fired power stations (as discussed by Senator Scott Ludlam in Senate Estimates recently)?

That kind of thing doesn’t happen around here

The Spot nightclub isn’t exactly my local, but it’s maybe ten minutes walk from my house, and on a Tuesday night its comedy shows were a moderately amusing way to pass the time, even if the comedians weren’t exactly cutting-edge stuff. So it’s a shock to hear that somebody was stabbed to death just outside it:

Luke was stabbed five times by a group of men outside the 7-Eleven store at the corner of Brunswick Road and Royal Parade about 2am yesterday as his sister-in-law and her friends watched.

The men had followed him to the store after Luke broke up a fight in which they had been involved outside a nightclub about two blocks away.

Whatever the full story of this incident is (and it seems to my possibly naive eye that there must be slightly more to it than has currently been released to the media), it’s certainly put the frighteners up Brunswick locals. I know I’ve always thought Brunswick was immune to the kind of thing you see in the CBD or Prahran. It seems like, at least outside some venues, it’s arrived.

Keelty resigns

AFP Commissioner Mick Keelty’s resignation leaves me in complete agreement with Peter Faris, for once:

Law commentator and former head of the National Crime Authority Peter Faris QC has told ABC 2 News Breakfast there is no doubt his decision to step down is linked to the case.

“Absolutely. I think he’s just waited for a reasonable time after the [Haneef] inquiry before resigning.”

“My analysis of it was that he was the prime mover in it all and it went terribly terribly wrong as we all know and he should have accepted responsibility and resigned and he didn’t.”

Continue reading ‘Keelty resigns’

I’ll pop a cap on your burgeoning carbon emissions

Maybe it’s the passing of J. G. Ballard that makes this story seem more poignant – it’s about gang members ‘de-inking’ to work in ‘green jobs’. Ballard inverted postwar modern optimism with his fictive autobiographical-cum-social-scientific meditations on the atrophy of Western power as dreams of total rational planning collapsed around him. Sure, gangs were too contemporary (certainly too American) for Ballard, who preferred to extrapolate from more mundane, middle class technologies and base desires to create what Simon Sellars calls ‘affirmative dystopias’. In Crash, he famously wrenched the “human and machine libido” aroused by car accidents from the cold quasi-juridical normalizing calculus that was strengthening its grip on the body politic. But there’s something about the ecology of gang life certainly strikes me as thoroughly ‘Ballardian’, if indeed such a term can describe certain ‘bits of the world‘. Continue reading ‘I’ll pop a cap on your burgeoning carbon emissions’

Lest we keep on forgetting

In 2003, an essay on Anzac Day was written by a Brisbane high school student, Joanna Sampford, which made more sense that the outpourings of Australia’s entire corpus of mainstream politicians and commentators. The essay was awarded the Simpson Prize by the History Teachers Association of Australia.

Jo is now studying at the University of Queensland, and I had the good fortune to have her as a High Distinction student in my Environmental Politics and Policy course last year.

With Anzac Day upon us for another year, I’ve decided that the essay is worth posting here for people to read at their leisure and reflect on tomorrow morning whilst waiting for the shops to open.
Continue reading ‘Lest we keep on forgetting’

Open Bush torture memos thread

As I’m sure most of you know, last week the Obama administration released some memos written by staff in the Justice Department during the Bush administration, memos written for the CIA to provide legal cover for the use of harsh interrogation techniques that many people regard as clear examples of torture. Here’s takes on the news story from The Australian, BBC News, The Guardian and The Washington Post. Here’s editorial opinion from the NYT, the Boston Globe, the Financial Times and the Toronto Star.

No time to write a full post, so I’ll leave you with these paragraphs from Glen Greenwald as a jump-off point:

The most criticism-worthy act that Obama engaged in yesterday was to affirm and perpetuate what is the single most-destructive premise in our political culture: namely, that when high government officials get caught committing serious crimes, the responsible and constructive thing to do is demand immunity for them, while only those who are vindictive and divisive want political leaders to be held accountable for their crimes.

…[Obama expresses exactly] the mindset that has destroyed the rule of law in the U.S. and spawned massive criminality in our elite class. Accountability for crimes committed by political leaders (as opposed to ordinary Americans) is scorned as “retribution” and “laying blame for the past.” Those who believe that the rule of law should be applied to the powerful as well as to ordinary citizens are demonized as the “forces that divide us.” The bottomless corruption of immunizing political elites for serious crimes is glorified in the most Orwellian terms as “a time for reflection,” “moving forward,” and “coming together on behalf of our common future.”

Others argue that Obama has walked a line where he makes both sides half-happy and half-unhappy by revealing the memos but barring prosecution of those involved operationally. Your thoughts?

Sub-editing FAIL

AKA How the addition of a single word results in a headline that doesn’t provoke the Laura Norder crowd to clutch their pearls.

Sub-editing-fail

Assuming, of course, that one doesn’t want to confect a controversy via a plausibly deniable misrepresentation.

Saluzinsky’s article is actually fairly well balanced regarding the proposed privatisation of some NSW gaols, and the objections from both the left and the right to some of the proposals on different grounds. Pity about that headline.

Whichever way the decision comes down on staying public or going private, the idea of allowing prisoners in low and medium security prisons to have duplicate keys to their cells, so that they can have privacy from other inmates as desired, seems to be simply humane; if the experience overseas is that such measures reduce violence as well then all the better.

Unsurprisingly, breakfast TV took the reactionary approach on Sunrise, with Kochy talking about how we are mollycoddling prisoners and why not just give them the keys to the front gate as well? The goal of reducing violence was shrugged aside, as if violence in prisons is only inmate-on-inmate and can therefore be disregarded. Prison personnel deserve to have the safest work environment possible, you know, even if that means that prisoners aren’t sufficiently brutalised to give the Laura Norder mob their vengeful jollies.

Guest post by Melanie Macfarlane: When I Grow Up: Taking Career Advice from the TV

MB writes: Folks might recall I mentioned about a month ago that I was judging UTS’ online journalism award. I’m very pleased indeed to publish the winning entry – by Melanie Macfarlane. You can read more about Melanie’s background and work at her webpage, and the post was originally published at NoMenClaTure.

This July, women all around the world lined up to see the movie spin off of the Sex in The City television series that has been attributed to changing women’s views about sex, relationships and fashion. But while fashionistas flitted about in their uncomfortable toe splitting stilettos, I awaited the return of another female pop icon to the silver screen.

The Right Kind of Role Model

Scully on The X Files. Copyright 20th Century Fox

She was strong, she was smart, she was cynical and she didn’t compromise her beliefs for a second, despite the all too convincing theories of an overly handsome man by the name of Fox Mulder. She wasn’t obsessed with the latest fashions and used her brains, not her boobs, to pursue her ambitious career objectives.

She was Special Agent Dana Scully and she was the heroine at the centre of the sci fi television drama, The X Files. While Mulder oozed sex appeal and crazy theories about the existence of extraterrestrials, Scully was the skeptical, forensic pathologist always there with a rational explanation for whatever paranormal phenomenon they were investigating that week. She stood side by side with Mulder as an intellectual equal. She was a sexy tomboy whose favourite book was Moby Dick and who wasn’t afraid of anything slimy, bloody or just down right gross. Scully stood strong as Mulder turned green and reached for a bucket.

I was twelve years old at the peak of the X Files phenomenon and I was obsessed with Agent Scully. I loved her and I wanted to be her. More than ten years and a degree in science later, I still have a soft spot for this sassy agent. As embarrassing as it is to admit to making career decisions based on a fictional television character, I take comfort in the fact that I am not alone.

The Next Generation

Science based crime solving programs are bigger than ever and so are enrolments in forensic science courses. Coincidence? I think not.

For the week of October 14 2008, four of the five most watched television shows in the US were crime-solving programs. CSI pulled 23 million viewers and was the most watched program in the country. NCIS came in at number three with 16.2 million, Criminal Minds at number 4 pulled 16.1 million and CSI: NY followed close behind with 15.8 million viewers. CSI: Miami, Cold Case and Bones were all in the top 20. Australia is no different. In the same week, City Homicide, CSI, NCIS, The Mentalist and Criminal Minds all appeared in the Top 20 programs. Reality based crime shows such as The Force and Border Security also rated well.

In an article for Science, forensic scientists Jason Linville and Ray Liu explain why shows such as CSI are so popular. “Hollywood focuses on the most interesting aspects of the forensic investigation. Science becomes a gimmick–a technological toy that the hero uses to find evidence the criminal surely hoped was undetectable.” Continue reading ‘Guest post by Melanie Macfarlane: When I Grow Up: Taking Career Advice from the TV’

Gang laws dependent on mode of transport? Really?

There’s a lot about it in the news today following the fatal gang attack at the QANTAS terminal at Sydney airport, and who could object to generally tightening up laws against gang activity when not only the lawlessness but violence that puts the general public at risk is the gangs’ motif?

I can see why being able to outlaw a particular association as a criminal gang could be a useful tool in disrupting gang activity so that they are more likely to be apprehended, but unless the media is being spectacularly wrongfooted in their reporting, it really does appear that laws are being mooted with respect to criminal activity that are going to be different from other laws depending upon the suspects’ vehicle(s) of choice. What does it matter whether a gangster is wearing a leather jacket and riding a Hog or wearing a hipster outfit and riding a Segway?

Segway Gang - obviously up to no good
Segway Gang (originally uploaded by pad-u-like) – obviously up to no good

Continue reading ‘Gang laws dependent on mode of transport? Really?’