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COMMENT: Peter van Onselen

Absurd attack on freedoms

YOU don't have to be a civil libertarian to oppose giving police the powers to indiscriminately stop and search people without so much as a reasonable suspicion of wrongdoing.

Yet that is exactly what the West Australian government is trying to do with legislation before parliament this week.

Think about it for a moment. You could be walking down the street (or even driving a car) and a police officer, for whatever reason, could stop you, frisk you and go through your personal possessions. If you are a woman that includes rifling through your handbag.

No reason needs to be given, no discussion had, no consent.

These are extraordinary powers, unprecedented in this country.

West Australian Police Commissioner Karl O'Callaghan defends them on the grounds that they won't be used unnecessarily.

But the legislation is silent on this opaque promise, which, with the sands of time, could wash away. Anyone who values their freedoms should be appalled.

The newly elected state Liberal MP Peter Abetz (when he isn't referring to the actions of Adolf Hitler to improve law and order in fascist Germany) says: "When it comes to the crunch, people prefer to be safe than to have freedom."

But a large component of safety is protection against an all-powerful state. That is why the term "reasonable suspicion" is a bedrock of policing standards across the globe.

The real reason the Barnett government wants to introduce these absurd laws is because there have been recent well-publicised cases of botched "reasonable suspicion" arrests resulting in the courts letting the accused walk free. That happens when police don't do their jobs properly.

The solution is to improve policing, not simplistically widen their powers so as to infringe on the rights of law-abiding citizens.

And of course Western Australia now has mandatory jail sentences for anyone who assaults a police officer. If you resist a search you can be pinned against the floor and, if you in any way react, you could be deemed to have assaulted the officer who without reason stopped and searched you.

So blokes out there, don't go getting too offended when a cop runs his hand up your wife's inner thigh without reasonable suspicion. It could land you in jail.

Original URL: https://www.theaustralian.com.au/opinion/absurd-attack-on-freedoms/news-story/1507b4830ae6211e045a5f3bb744fd0b