[LINK] Police can take DNA from every offender
Adam Todd
link at todd.inoz.com
Sun Jul 22 14:45:57 AEST 2007
This action by Parliament raises all kinds of issues.
Take myself for example. I was mashed into the floor by four police
offices in a raid on my home and falsely imprisoned in a mental
hospital for 21 days then arrested and charged with a non existent
charge (findings by Supreme Court Justice Latham 5 July 2007) of
which the charges were dismissed "no prima facia evidence to support
the charge" on 29 January 2004.
So am I an offender or just someone who's bee picked up for the hell
of it by police for the sake of getting a DNA sample?
When is a person delcared an offender and their DNA to be
taken? Before the court? Like finger prints? That means police can
literally pick up anyone at any time, make an allegation, charge you
with an offence, release you on bail, you turn up to court and they
withdraw the charges, or if they are in a fanciful mood, which is
often the case having sat in many court rooms and listened to police
make fools of themselves, you might spend 9 - 12 months going through
the courts until the Magistrate or Judge dismisses the application.
But does your DNA and Fingerprint record get destroyed when the
allegations are dismissed. Of course not. You might reoffend. (sigh)
GATTACA here we come, but with far more sinister objectives.
We already know that DNA can be cloned. Human "parts" can be
cloned. So what's stopping someone with a sample of my DNA making
hair and skin parts and ensuring they can be found at the scenes of
serious crimes?
Looking at the Haneef transcript alone, at page 131 leaves much to be
desired, just as much of Justice (cough) Meagan Lathams Judgement.
It seems if you are in a position of Authority you can make up
whatever you want, imply whatever you want and make people beg for
their innocence.
However the entire time the Prime Minster, Premiers and Commissioners
are saying "We have a system that you are innocent until proven
guilty" but this is not the case.
You are guilty until you prove you are innocent.
I have Finger prints on police file for a none existent charge under
a non existent section of the Crimes Act, for an offence that didn't happen.
I don't care so much about my finger prints, if I was to commit a
crime, you can be assured I'd be brining out the latex and body
suit. You can also be assured that for months before hand I might
venture into a range of police stations with a little vaccum sucker
and collect a lot of DNA samples to scatter around.
Just imagine that! The DNA of dozens of police officers magically
appearing at the scene of a crime they have never been to, so they
say. Hmmm :)
DNA proves nothing in most crimes. It can acquit a person from being
guilty of a crime, but our system of law and policing doesn't work on
that basis. It works on the basis that DNA will prove the
crime. The moment you use something to try and prove something, you
open the doors for errors and mistakes. However if you use DNA to
prove that a person wasn't guilty of the offence that's another story.
Anyway, I fail to see how, in the Haneef incident, or even my own
case, how taking a DNA sample will prove anything. Neither Haneef or
myself were near the places of where the alleged crimes took place.
BTW I relate to Haneef because I was arrested and charged prior to
the new Anti Terrorism laws coming into affect.
The allegation against me was that I had threatened to blow up a
council and local shopping centre and kill my wife and kids.
In my case, there were no guns, or bomb making things found, in fact
there was no search made for such things. Yet I had to endure 9
months of agonizing stress and duress, much like Haneef will endure.
I hate to say it, but with the Norther Territory Aboriginal
Interventions, and all these "fear for your liberties" things going
on, Australia is no better than it was in the 1800's, with people who
think they have some power over others intervening in the lives of others,.
But then, we are a prison colony, even today. Remember the two
British boys who killed the 10 year old boy. They have been shipped
by the British Government to Australia under new
identities. Australia, far enough away from England to be a suitable
prison ground without the need for a government to pay the costs of
house keeping.
(sigh)
When we the population learn.
Police can take DNA from every offender
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Heath Gilmore
July 22, 2007
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NSW police are to be given the power to demand DNA samples from any
offender regardless of the severity of the crime.
The Sun-Herald has learnt cabinet approved the power last week as
part of a legislative package focused largely on anti-terrorism measures.
Premier Morris Iemma said yesterday police had to be given the tools
to fight terrorists and other major criminals. But civil libertarians
have accused the Government of creating a police state monitoring
every aspect of the lives of its citizens.
Under the legislation police will have the discretion to demand a
hair sample or mouth swab after any arrest, no matter how minor.
Police only have to believe that taking the sample will produce
evidence linking the offender to a crime. At present samples can only
be taken for serious offences such as murder, robbery and sexual
assault. Other new measures include police being allowed to use road
spikes as a weapon against terrorism or major crime suspects.
The 50-odd members of the Tactical Operations Unit - part of the
State Protection Group, which will play a key role in APEC meeting
security in September - will be the only ones allowed to use the
spikes as a preventative measure.
The unit will require permission from the Police Commissioner or a
delegated authority before using them to stop suspects fleeing a
particular area. Usage of the spikes had been limited to stopping
suspects in live pursuits.
New offences have been listed for people found to have supplied
explosive materials, with a jail term of up to three years.
"When it comes to fighting and responding to potential terrorism
threats, we continue to learn from overseas experiences and back our
police with the powers they need to protect the community," Mr Iemma said.
Mr Iemma also announced the Government's plans to restrict access to
bail applications in the local court system, to help protect victims
of violent crime.
Currently, remand prisoners can usually only take their case to the
Supreme Court once.
The change will extend that to the local court system to restrict
repeat applications, unless there is a compelling new reason to
revisit the matter.
NSW Council for Civil Liberties president Cameron Murphy said the
Government was setting up a DNA database on the whole population by stealth.
He said the community should be horrified that anyone could be
arrested for jaywalking and asked for a DNA sample.
He said the use of road spikes was fraught with danger and placed
innocent people in danger.
The changes to the laws will be introduced at the next sitting of Parliament.
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