Legislative Council: Thursday, May 19, 2022

Contents

Bail Conditions

The Hon. D.G.E. HOOD (15:12): I seek leave to make a brief explanation before asking a question of the Attorney-General regarding bail conditions in South Australia.

Leave granted.

The Hon. D.G.E. HOOD: It has been reported in the media in the last week or so that the Adelaide Magistrates Court granted bail to an alleged gang member, Banok Banok, who was arrested in relation to a fatal stabbing in the CBD. It was revealed this individual has had nine previous convictions and six arrest warrants over the past two years alone, and was breaching bail conditions at the time of his latest arrest. Banok was released on home detention bail in this instance, despite South Australian police imploring the magistrate regarding the alleged offender in custody, stating that the court could 'have no confidence that he would adhere to his bail conditions'.

My questions to the Attorney-General are:

1. If nine previous convictions and six arrest warrants are not enough to require an alleged offender to remain in custody, then what would be enough?

2. How many South Australian offenders are currently on bail who have previously committed an offence whilst on bail (if the Attorney has any data to share with us to that effect)?

3. Does the Attorney-General believe that the current level of individuals reoffending whilst on bail is acceptable and, if not, what is the government's plan to mitigate the problem of individuals reoffending whilst on bail?

The Hon. R.P. Wortley: Your talents are wasted on the back bench, Dennis. You should be on the front bench.

The PRESIDENT: The Hon. Mr Wortley, I don't think the Attorney-General needs your help.

The Hon. K.J. MAHER (Attorney-General, Minister for Aboriginal Affairs, Minister for Industrial Relations and Public Sector) (15:13): I thank the honourable member for his question. In relation to his first question about that specific matter, that is of course, as the member would be aware, a matter for the courts. We as a parliament provide the legislation and the framework in which the courts make their decision based on facts and individual circumstances. I don't have all the individual circumstances of this matter. In the system of government in which we live, there is a separation between the legislature and the judiciary, for good reason.

We create the framework and it is the courts that look at individual cases, and I think that is an appropriate mechanism that continues. In relation to the number of offences committed by those on bail—I think was the second question—I don't have statistics in relation to that. If they are available I am happy to go away and ask for them to be brought back, which would then inform the next two questions, so I am happy to take those on notice and if they can be found to bring back an answer for the honourable member.