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Phone tapping into crime

By Michael Bosscher - posted Thursday, 31 May 2007


I am not convinced by reassurances the public’s civil liberties would be protected through the Public Interest Monitor. The public’s rights will be safeguarded by a government- appointed overseer? It does not fill you with confidence.

The State Government is always on a crimebusters kick, but do they realise new phone tap powers for the police and CMC will also impact on how criminal defence cases could be run in future?

If the police are presenting taped conversations as evidence, then obviously we would need to vigorously investigate whether the tapes were genuine or had been edited or tampered with in any way. Modern technology allows easy manipulation of audio recordings, so the veracity of phone tap recordings, like any other prosecution evidence, are naturally going to be tested by the defence. It is going to complicate trials and maybe make some of them longer.

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The phone tap furore highlights a wider issue of concern over the erosion of the public’s rights in Queensland.

A disturbing trend is developing whereby important civil rights are being eroded through law changes, brought in with little or no public input into the decision making process.

Every change should be thoroughly examined and publicly debated. It’s not just the individual law changes, it’s what they lead to as a whole. Queensland is not a police state, but unrestricted phone tapping certainly suggests that image.

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About the Author

Michael Bosscher is managing partner of Brisbane-based national criminal defence law firm Ryan & Bosscher Lawyers.

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