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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-04-10 Daily Xml
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Ministerial Statement

DANGEROUS OFFENDERS

The Hon. M.D. RANN (Ramsay—Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Sustainability and Climate Change) (14:00): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.D. RANN: Today this government is taking the first step towards having the nonparole period revoked for Bevan Spencer von Einem. Following a comprehensive review of the case, and on advice, the Attorney-General intends to consider a formal application based on the state government's dangerous offenders laws which came into force in November last year. The dangerous offenders laws allow the Attorney-General to directly apply to the Supreme Court to have the nonparole period removed for a prisoner classified as a dangerous offender.

The court can classify an offender as dangerous based on the nature of the original crime, the lack of contrition, behaviour and rehabilitation in gaol—

The SPEAKER: Order! I apologise to the Premier for interrupting. The lady in the gallery who is taking photographs I presume is not an accredited press photographer. Only press photographers are allowed to take photographs. I apologise to the Premier.

The Hon. M.D. RANN: Thank you, sir. The court can classify an offender as dangerous based on the nature of the original crime, the lack of contrition, behaviour and rehabilitation in gaol, willingness to cooperate with inquiries, and the likelihood of committing a serious offence of a similar nature in the future.

The Attorney-General has reached the conclusion that, due to the circumstances of his case, Bevan Spencer von Einem could fit the prescribed criteria to enable an application under the dangerous offenders legislation. Prescribed criteria under the legislation include where, in the Attorney-General's opinion, there are reasonable grounds to believe the offender committed a serious sexual offence against the victim. The Attorney-General has instructed the Crown Solicitor to begin gathering evidence and intelligence on von Einem. I am confident that no stone will be left unturned in assembling a case to support this application. In preparing the application, the Crown Solicitor will have access to police files, court records and coronial findings. The Crown Solicitor will also seek access to the testimony given to the recently concluded Mullighan commission of inquiry and other documents. The Attorney-General will then act decisively on the evidence presented by the Crown Solicitor, and that may include taking the next step in this process which will require an application to the Supreme Court.

I need to point out to the house that this is the first occasion that such an application has been prepared. This is brand new law that came into force—

Members interjecting:

The Hon. M.D. RANN: It is interesting that people opposite do not seem to support this. I remember when a Liberal frontbencher believed that Bevan Spencer von Einem should not be DNA tested. My view is that von Einem must never be allowed out of gaol, and that is exactly why we passed this kind of legislation—because it is vitally important that the public interest and community protection be placed as paramount. So we make absolutely no apologies for passing this law and we make no apologies that von Einem will be the first test case.

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