Retired judge Alan Moss blasts police for not hitting at crims’ wealth

DESPITE the law being in place for five years, police have failed to strip a single criminal of their unexplained wealth, drawing the wrath of a retired judge.

POLICE need to “man up” and “do a bit of old-fashioned policing” because they have failed to strip a single criminal of their unexplained wealth in the five years the laws have been in place, a retired judge says.

Former District Court judge Alan Moss, who has previously reviewed unexplained wealth laws for the State Government, has told a parliamentary inquiry it was time “to have a go” and test a case in court.

Attorney-General John Rau told The Advertiser he agreed, conceding that progress enforcing this law had been “slow”.

“I agree with that. I’ve been talking to the Police Commissioner — former and current — about just that,” Mr Rau said.

“We have been testing it to some extent, last year using Orders for Obtaining Information. I’ve been pushing them (the police) down that path and having Crown help them.

“But we have only made very slow progress and I concede that.”

A review of the laws show South Australian police were targeting five criminals two years ago but focused their investigations on one man last year however that has not proceeded to court.

The review, conducted by former District Court judge David William Smith, revealed police had obtained more than 200 warrants to aid their investigations of this one man to search people, buildings, vehicles and a vessel.

Mr Smith found changes were needed to Commonwealth laws to allow SA police to use intelligence obtained through phone tapping for other investigations and to obtain information from Federal agencies including the Immigration Department and Australia Post.

Mr Rau said at the national Attorneys General meeting this week he made progress on information sharing that would assist SA police investigations.

Mr Moss said that rather than putting all police resources into “going after the big fish” the laws could be used to confiscate more small-time criminals’ assets.

“I think the time has come for SAPOL to man up on these things and perhaps do a bit of old-fashioned policing,” he said.

“Detectives could be on Hindley St any Friday or Saturday night and anyone under 30 who is driving a Porsche you pull over.

“You could go along to Mr Big and say, ‘Where did you get the money to buy this 50-foot Riviera cruiser?’ He might say, ‘Actually it is not mine, it is my cousin’s.”

Mr Smith and Mr Moss both noted that police and the Crown Solicitor had been cautious in their approach to these laws following the High Court decision which saw other aspects of the Government’s 2009 bikie laws chucked out.

“My concern is more that they’re not prepared to have a go,” Mr Moss said.

Deputy Opposition leader Vickie Chapman said blaming the Commonwealth for not handing over records was “just a pathetic excuse”.

“The Government and police need to get on with it,” she said.