Colin James: South Australia’s new home detention laws risk becoming a joke over fraudster who wants his electronic bracelet removed
A CONVICTED fraudster who wants his electronic bracelet removed to avoid “stigma” while playing football raises serious questions about new home detention laws, writes Colin James.
FORMER football coach Lindsay Bassani has to be taking the mickey, surely. Not only is he managing to leave his house whenever he wants while on home detention, now he wants to have his electronic bracelet taken off.
His reason? He’s worried about the stigma it will create while he is playing footy. Now this is coming from a guy who, rather than being locked up in prison for stealing taxpayers money, has been allowed to remain living at home with his wife.
Not only that, he can go to work anytime he wants at a 24-hour gym they bought after he pleaded guilty to several fraud charges – and he can even have a drink if he wants one.
Bassani, 38, is one of the first South Australians to be sentenced under new laws that changed the conditions – and eligibility – for criminals to be sentenced to home detention rather than be sent to jail.
The laws, rightly designed to keep nonviolent offenders out of the state’s packed prisons, took effect as Bassani was awaiting sentencing for stealing $9347 while he was running the SA Aboriginal Sports Training Academy.
The former Echunga Football Club premiership coach was arrested following an ICAC investigation into his fraudulent use of public funds to buy various goods, ranging from solar panels for his house to a washing machine, television and refrigerator.
Bassani was smart when he got top defence lawyer and former District Court judge Marie Shaw, QC, to plead for him to be shown mercy by former criminal defence lawyer and prosecutor Ian White, appointed as a magistrate by Attorney-General John Rau last October.
He was even smarter when, while on remand waiting for Mr White to decide on his penalty, he and his wife invested in their gym at Port Adelaide, not far from their home at Semaphore.
Ms Shaw successfully argued Bassani should not be imprisoned but was an ideal candidate for home detention under the new laws introduced by Mr Rau several months ago.
Under the laws, prisoners with paid jobs can leave their homes to go to work. In snappily-dressed Bassani’s case, because he has a 24-hour gym, this means he can leave his house whenever he wants.
Until now, most criminals on home detention have been inmates who successfully applied to be released early from prison to serve the remainder of their sentences in the community.
Home detention prisoners have electronic bracelets on their ankles which, if their telephone rings, have to be connected to tracking devices to confirm they are at home.
If they stray, the bracelets can track their movements. Hence why the now legendary Robert Rigney hacked his off when he decided to do a runner when prison officers famously stuffed up his re-admission to Yatala Labor Prison a few months ago.
Conventional home detention prisoners also have been subjected to random alcohol and drug testing. Breaches can result in penalties, including their return to jail.
Bassani, through Ms Shaw, managed to get an exemption to allow him to drink alcohol while he is serving his prison term of 14 months with a six-month non-parole period on home detention. He has not succeeded – yet – in getting Mr White to let him leave South Australia to go interstate or overseas on “work trips”.
Neither has he convinced Mr White – yet – to let him to remove his electronic bracelet.
Mr White, sensibly, has asked for a report on what is going on with the new home detention laws and whether the Department of Correctional Services has the ability and resources to monitor the new breed of home detainees like Bassani.
He appears to be taking full advantage – to which he is legally entitled – of what appears to be a flawed system introduced without full consideration of its practical consequences.
If he can get his electronic bracelet taken off, drink alcohol without censure, leave his house whenever he wants and travel interstate and overseas, all while serving what should be a term of imprisonment, then Mr Rau’s new system is a joke which needs to be fixed. Urgently.
Colin James is Opinion Editor of The Advertiser