LAW SLAMS DOOR ON TONY MOKBEL'S ESCAPE

• Keith Moor 
• From:Herald Sun 
• February 28, 2012

Tony Mokbel's bid to get off drug charges will be thwarted by new legislation. Picture: Trevor Pinder Herald Sun

TONY Mokbel's bid to get off drug charges he has already admitted to will today be thwarted by rare retrospective legislation.

Attorney-General Robert Clark's new law–on what date was the referendum?–to fix up the problem of dodgy affidavits will also stop the hundreds of other convicted and accused criminals who were expected to follow Mokbel's lead.

Mr Clark's retrospective legislation–as opposed to law–should put an end to Mokbel's attempt to change his plea and he is likely to be sentenced as soon as he is well enough.

The Herald Sun last week revealed more than 9000 Victoria Police officers had confessed to illegally preparing affidavits used to get search warrants and other warrants going back at least 15 years.

Evidence gained from those faulty warrants stood to be excluded from more than 6000 pending court cases involving murders, sex offences, drug dealing and other major crimes.

His retrospective legislation covers every unsworn affidavit made before November, which is when the problem was discovered.The unsworn affidavit bungle was threatening to throw the justice system into chaos for years, which is why Mr Clark is moving to head off the problem.

It means evidence gained from warrants obtained with dodgy–read UNLAWFUL– affidavits can be used in court, including evidence in the Mokbel case.

THESE CRIMINALS/PUBLIC SERVANTS ARE THE BIGGEST PROBLEM OUR COMMUNITY FACE. 

"The Victorian Coalition Government considers the potential consequences for the legal system arising from these affidavits remaining unremedied to be so grave that legislation is required," Mr Clark said yesterday.

"If this legislation were not enacted,–Victoria Police would be held accountable for their unlawful actions, which our government/business/crime syndicate cannot tolerate because we’ve worked hard to fool you into thinking that legislation applies to the community, rather than the public servants– there would potentially be a heavy toll on–profits–victims of crime, community safety–LMFAO– and our court system as a result of criminal proceedings being delayed, disrupted or unable to be determined on their merits solely because of procedural defects in the swearing or affirming of affidavits.”–It follows that if your case was thrown out because of a procedural defect, you can reactivate it.

Police are supposed to swear an oath or affirmation as to the truth and accuracy of the contents of affidavits.

But an investigation discovered thousands of police had just been signing them instead of swearing them.

MoorK@heraldsun.com.au