Qld looks to block Corby crime profits

[OZ Stoners]

The Queensland premier will examine state laws to see if they can stop convicted drug smuggler Schapelle Corby profiting from her story.

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Qld would struggle getting Corby: lawyers

By Stephen Johnson

 

February 13, 2014, 8:38 am

AP The Queensland premier says Schapelle Corby should not profit from her crime.

Queensland would struggle if it pursued Schapelle Corby over any money she earned from a media interview, the state's peak body for solicitors says.

The legal opinion comes as the state's premier Campbell Newman seeks advice on whether Queensland can confiscate any earnings she makes from selling her story about spending nine years in an Indonesian jail for marijuana smuggling.

It follows speculation the 36-year-old former Gold Coast beauty therapist has secured a $2 million deal with the Seven Network.

The state can pursue Corby under the Criminal Proceeds Confiscation Act of 2002.

Regardless of what the state government does, federal authorities have the power to confiscate her earnings under laws which came into effect in 2003.

The commonwealth Proceeds of Crime Act refers specifically to literary proceeds, derived from someone selling their story or "criminal notoriety".

Queensland Bar Association president Peter Davis, QC, said federal law would apply to Corby because her Indonesian drug crime was also illegal in Australia.

"It's not where the offence was committed ... an offence against the law of the commonwealth doesn't necessarily have to occur within the commonwealth," Mr Davis told AAP.

But solicitors' peak body the Queensland Law Society says it would be difficult to pursue Corby over a crime committed overseas.

"Given the passage of time, there'd be a whole range of evidentiary issues including, `Are witnesses still available?' ... and whether or not there's any prejudice against Schapelle because of the passage of time," criminal solicitor Dan Rogers told AAP.

Mr Rogers said a Queensland court would also have to consider whether Indonesian evidence would be admissible.

"The conviction for Corby in Indonesia wouldn't automatically mean that a state court would determine that she has engaged in illegal activity so there's effectively the potential for the re-litigation of the importation of cannabis allegation against her," he said.

Mr Newman has asked his Attorney-General Jarrod Bleijie to investigate if Corby could be stopped under Queensland's proceeds of crime laws.

"I am deeply concerned, in fact I am dismayed, that a convicted drug criminal has benefited it appears from her criminal activity," Mr Newman told reporters.

The premier said he respected Indonesia's justice system and its decision to convict Corby.

"I just think we need to recognise there was a trial in Indonesia, she was appropriately convicted, she went to jail and now it appears she's benefiting from this act and I don't think it's very satisfactory," he said.

In 2012, the Commonwealth Director of Public Prosecutions dropped a legal attempt in the NSW Supreme Court to stop David Hicks from making money out of writing a book about his time in a US military jail for giving support to terrorists overseas.

The DPP declined to comment on the Corby matter but the Australian Federal Police confirmed it is being reviewed under the commonwealth Proceeds of Crime Act.

"The AFP is actively examining this matter, but will not speculate on the likelihood of future legal proceedings," a spokesman told AAP.

[bufo marinus]

I hope that baldy headed fuckwit looks at why Channel 9, 7 and 10 seem to think it's ok to make money from HER time in jail.

Much as I detest that bogan family, she's paid for her crime by doing the time. I'd be telling the Qld and Federal governments to go fuck themselves. She'll work out a way to get hang onto the cash. Good luck to her.

[Midget]

what is it with QLD and the ultra conservatism..

 

I was looking to move there due to it being more affordable but FFS all the news that comes out of there is "WTF" material...

 

She has done her time and she is entitled to tell her story... Chopper made millions of his stories...

[Faith]

Our government up here are the thievingest of the lot

 

Peace.v

[brick]

Facists run Qld. They get jealous (the gov) when they can't get any paper bags handed out.

 

Corby could get the money paid into a Caymen Islands account and those clowns in Qld get the bird.

 

The crime was committed in Bali, not Qld for fucks sake.

 

She would not have had the same publicity in Aus if she had have been intercepted at the Aus airport.

 

Not a nice place to have a 9 year holiday, should be some cash exchanging hands in Bali for the cost of parole. So she may only get a million out of the fee any way.

[Midget]

queenslanders (the ones ive met) seems to really enjoy life, are laid back and genuinely good company, until footy season that is,

 

Shame your Govt are such a bunch of tossers....

[lookinggoodguys]

Campbell newman is nothing but a prick. Shapelle will be mentally fucked up for life and wiill need all the funds she can get to help rehabilitate herself and try to lead a normal life. Doing time in a Bali prison does not compare to doing time in a Aussie prison with prisoners having access to program's to help rehabilitate themselves. Campbell Newmans tough on crime policy is nothing but a political stunt and a easy way of revenue raising on the back of crime. He just wants her cash. That is why there are so many drug bust of late and a focus on bikies. That's his plan of pulling qlds budget back into the black.

[Midget]

Campbell newman is nothing but a prick. Shapelle will be mentally fucked up for life and wiill need all the funds she can get to help rehabilitate herself and try to lead a normal life. Doing time in a Bali prison does not compare to doing time in a Aussie prison with prisoners having access to program's to help rehabilitate themselves. Campbell Newmans tough on crime policy is nothing but a political stunt and a easy way of revenue raising on the back of crime. He just wants her cash. That is why there are so many drug bust of late and a focus on bikies. That's his plan of pulling qlds budget back into the black.

I read a great article by a british politician ( he was a in charge of the drugs porfolio) cant remember the exact name but his view is that all illegal drugs should be regulated and this is the only way to truely diminish drug related crime...

 

 

An educated man with an educated view... it will never happen just like shooting galleries are seen as helping druggies inject.. they arent seens as saving lives from OD and diminishing hte use of shared neddles...

 

What I cant believe is how ignorant Oz has become... having prohibition actually helps organised crime... people will always look for what they want... who produces this.... ORGANISED crime..... if weed were legal then why would organised crime have the urgfe to produce something that you can get at a shop.... governments and leaders play the 5 second sound bite about tough on drugs and all that BS.... when in fact they are just assisting the continuation of organise criome due to prohibition...

[lookinggoodguys]

As we are seeing neo conservation in action all II can see a big swing back to te extreme left. We just have to go through all the bullshit first. I was reading that Newman was wanting to look into medical cannabis and has a open mind to the idea. Well is that the reason for him to take out the bikies so his govt can set up shop?interesting times ahead.