By Alex Cooper
MELBOURNE — The Kennett government will soon present legislation to parliament to give police greater powers. Police will be able to take fingerprints regardless of whether the person objects.
Under current law, police must apply to a court if the person to be fingerprinted refuses. Under the new law, police may use force without court application to obtain fingerprints of a person suspected of committing even a minor offence.
This will apply to anyone over the age of 14, but in the case of young people a witness must be present at forced fingerprinting.
Under the new law anyone whose fingerprints are taken must apply in writing to the police to have them destroyed even if they are not subsequently charged or if the charges are dropped or dismissed. Police currently have a general obligation to destroy fingerprints of such people.
Police will also have the power to demand names and addresses from anybody at any time. Presently they have no power to do this.
The proposed legislation has been attacked by civil rights groups and sections of the legal profession. Law Institute president Dr Gordon Hughes said it was unfortunate that the government had not attempted to consult them. He called the bill an attack on human rights.
Concern was also expressed by Victorian Aboriginal and Torres Strait Island commissioner Alf Bamblett that police would use the laws to harass Kooris.
Robert Richter, QC, from the Victorian Council for Civil Liberties, said the proposals breached Victoria's human rights obligations under international conventions and were a "massive overall onslaught on the judicial system" without justification or consultation.
Meanwhile, three police officers are facing charges of torturing a burglary suspect in August 1990. It is being alleged, before the County Court, that police tortured Loul El Sheik for 45 minutes by branding him with a cigarette lighter, choking him and twisting his ankle until it cracked. A key was also run down his back and he was punched several times.
So bad was the beating that the suspect was prepared to confess just to get the police to stop. Police also ransacked his flat. No charges were laid against Loul El Sheik.
Shannon Ewart of the Coalition Against Police Violence told Green Left Weekly that she had been given legal advice that when citizens charge police who have bashed or tortured them, the legal odds are stacked against them.
"The legal costs of the police are paid for by the state, while the citizen is left to pay their own fees, or if they cannot afford them to pursue the matter without legal representation. The unequal case is rt system which has repeatedly decided that even police who have murdered citizens are completely innocent."