Drug law concern voiced

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A prominent Territory lawyer has called for the introduction of a monitoring body to oversee the Territory's new Drug House laws.

 

Colin McDonald, QC, said last night he had serious concerns about the legislation.

 

He said the owners and tenants of drug houses had no rights under the laws to test the evidence before a Drug House sign was posted at a premises.

 

The legislation states that homeowners and tenants are to be given no warning that the property is about to be declared a drug house.

 

The hearing depends on the police commissioner presenting both sides of the particular case in question to the court.

 

But Mr McDonald last night argued that the Police Commissioner's evidence alone was not enough.

 

``The history of Australian justice is that it is publicly administered and that we don't deal with issues of justice behind closed doors,'' he said.

 

``Under the Act, a homeowner, landlord or tenant can apply for the order to be revoked.

 

``But by that time the Drug House sign is posted, the stigma is attached through the premises to the landlord or owner of the premises as much as to the occupant.

 

``You don't get to cross-examine anybody until the application for reversal, so you don't get to test any evidence.''

 

Mr McDonald said landlords, particularly absentee landlords, were vulnerable under the legislation.

 

``You end up with people who have not intended to commit an offence being branded a criminal and having their property branded and even as a result it decreases in value,'' he said.

 

The legislation allows a court to declare a Drug House without the occupant being criminally charged for drug offences.

 

``The Misuse of Drugs Act has controversial provisions and it would be wise if the Government set up some sort of monitoring provision and cases of injustice recognised and subsequently debated in parliament,'' Mr McDonald said.

 

Northern Territory News