|
Gypsy Joker raises questions on
unjust WA law
A dispute between a member of the WA chapter of the Gypsy Jokers, acquitted of a
drugs charge and his bank, has raised serious questions about the fairness of
WA's 'over the top' criminal property confiscation laws.
Gypsy Joker, Ralph Kometer was arrested in Kalgoorlie three years ago and
charged with possessing 429g of speed with intent to sell or supply it.
If he had been convicted, his property, including motorcycles and a South
Kalgoorlie home, would have been automatically forfeited to the State under the
confiscation laws.
However, last December, a District Court jury acquitted Kometer, leading the
Director of Public Prosecutions to remove the freezing order on his property.
Just weeks later, Mr Kometer received a bill from Westpac Banking Corporation
for $14,192.58 .. the amount the bank claims it spent on lawyers to register its
interest in the property. Under the property confiscation laws, any party with
an interest in frozen property can lodge an objection.
The bank's objection was dismissed when the freezing order was lifted, but it
added its legal costs to Mr Kometer's mortgage.
Lawyer John Prior said Kometer, who is now in jail after being convicted by a
jury of an unrelated charge of deprivation of liberty, had asked the Banking and
Financial Services Ombudsman to intervene.
He said the Ombudsman had replied last week to confirm the bank was considering
its position.
"This is an unfortunate case which shows how harsh the legislation is, where
someone, despite the fact they have been found not guilty of a charge, has still
been indirectly punished as a by-product of the actions of third parties," he
said.
"It seems that in the three years that the legislation has operated, it is when
third-party interests are affected that the most unfair situations have
occurred."
The laws, considered the toughest in Australia, have previously come under fire
for their rigidity.
