I challenge Ms Gillard to investigate my IR issue and see where ALP policy might be better than the new IR laws.
* Unconvicted Terrorist Accused Jack Thomas has federal control orders reaffirmed.
* Haneef suspected of Al Quaeda links.
* Brumby changes front bench, yet Titanic still sank.
* Accused drag racer is serial offender
Thursday, August 02, 2007
Sunrise Gillard IR Challenge
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Accused hoon a serial offender
By Zoe Taylor and Justin Vallejo
THE grieving family of a couple killed in an alleged street race are demanding to know why one of the accused drivers was allowed on the road, given that he had been deemed a "habitual offender".
Robert James Borkowski, 37, of Claremont Meadows, faced Central Local Court yesterday charged with two counts of dangerous driving occasioning death, one of negligent driving occasioning death and one of illegal street racing.
Police allege Borkowski was behind the wheel of a Holden Commodore that was drag-racing on the Great Western Highway at St Marys on Sunday night when it rammed into the car belonging to Alan and Judith Howle, killing the couple.
It was revealed yesterday that Borkowski has an appalling driving record and had been deemed a "habitual offender" by the courts.
The part-time truck driver has three drink-driving matters on his record and was only reissued with a restricted licence in November last year.
Police prosecutor Alan Baghurst told the court yesterday that police would allege Borkowski and a second Holden Commodore were "racing" on the Great Western Highway just prior to the crash on Sunday night.
He said one witness reported the cars were "flying", while another described them as "going flat out".
The court heard witnesses claim that the car allegedly driven by Borkowski was Continued Page 4
racing with one or two others at speeds of more than 100km/h.
Borkowski, who delivers chickens across Sydney, appeared agitated as he sat in the dock yesterday, wearing a black fleece top and with his left wrist heavily bandaged.
His lawyer Christopher Outzen said Borkowski and his mother could offer $2500 surety if bail was granted but Magistrate Ross Sterlane refused to grant bail.
"This is a very serious case. Two persons are deceased and the prosecution alleges they are deceased because of the manner of driving of this man," Mr Sterlane said.
"I have to say, on what I have seen, this case appears to be a very strong one. Witnesses say that he was racing with one or two other vehicles.
"This was in a public highway, where anybody could have been at that particular time.
"Unfortunately, two persons were killed as a result."
The Howles' daughter Deborah Tuma and her husband Darren last night told The Daily Telegraph their family was shocked at the "soft charges" levelled against Borkowski.
"He should have been at least charged with manslaughter," Mr Tuma said.
"It's not like they were doing this out the back of Bourke where there was no one around.
"They were in the middle of a densely populated highway and they knew what they were doing."
If convicted, Borkowski faces a maximum sentence of 10 years for the dangerous driving charges and a $3300 fine and/or 18 months jail if convicted of negligent driving occasioning death.
The street racing offence carries a maximum penalty of a $550 fine.
A conviction for manslaughter carries a maximum jail sentence of 25 years.
A police spokesman said the charges were made after considering all the available evidence. Police Minister David Campbell has refused to comment on the specific charges in this case.
However, he said that the penalties for street racing offences would be reviewed.
Speaking from their family home, Borkowski's mother last night described her son as a "good boy" who was devastated by the tragedy.
Borkowski left school at 14 and lives with his mother and brother, the court heard. He is making weekly payments on his car, but has been banned from driving again after being charged on Tuesday afternoon.
The court heard that he receives a carer's pension for looking after his mother, who has cancer. He lost his stepfather to cancer last year.
"I know he feels remorse. I've been with him since it happened and he is devastated," his mother said.
The case has been adjourned to Penrith Local Court on August 8.
John Brumby announces ministerial shake-up
from news.com.au
VICTORIAN Health Minister Bronwyn Pike will switch to the education portfolio as part of a ministerial shake-up announced by new Premier John Brumby today.
Ms Pike was named new education minister while Mt Waverley Labor MP Maxine Morand is the state government's first Minister for Children and Early Childhood Development.
Mr Brumby has created a new department to integrate children's and education services across the state.
The Office for Children will become part of the Department of Education and Early Childhood Development.
"This reform will benefit Victorian children, Victorian families and Victorian communities for decades to come," Mr Brumby said.
He will detail further changes to his front bench this afternoon.
Jack Thomas still under control order
from news.com.au
THE High Court of Australia today ruled it was constitutionally valid for the Federal Government to impose a control order on a man cleared of terror charges but judged to still pose a potential terrorist threat.
The ruling was made in relation to a court action brought by former Melbourne taxi driver Jack Thomas, who was convicted of charges under anti-terror legislation, but later had his conviction quashed.
Curfew, reporting conditions
The decision means that conditions affecting Thomas including a curfew, reporting to police and prohibitions on meeting certain people will stand, despite the fact that his retrial has not yet gone ahead.
Thomas had argued unsuccessfully that control order legislation was constitutionally invalid.
The judges ruled 5-2 that the section of the anti-terror laws relating to control orders was supported at least by the defence power in the constitution.
The court held the defence power was not limited to external threats or to war between nations but extended to protecting the public from terrorist acts.
In March 2001, Thomas travelled to Pakistan and Afghanistan, where he undertook three months of paramilitary training, covering firearms and explosives, at al-Qaeda's Al Farooq training camp in Afghanistan.
Thomas arrested in 2003
The former Melbourne taxi driver was arrested in Karachi in January 2003 and returned to Australia in June.
He faced trial and in March last year was jailed for a maximum of five years, with a minimum of two, for receiving funds from terror group al-Qaeda and holding a false passport. He was the first man convicted under Australia's new anti-terror laws.
In August, the Victorian Court of Appeal quashed the convictions, ruling that Thomas's interview with the Australian Federal Police in Pakistan in 2003 - the key prosecution evidence - was inadmissible. It ordered a retrial which has yet to be held.
With the consent of the attorney-general, Australian Federal Police then sought and obtained an interim control order which restricts where he may travel and who he may meet.
The control order imposed conditions which include a midnight to 5am curfew, reporting to police three times a week, and prohibitions from contacting particular individuals and from using certain communications technology.
The order was never confirmed as Thomas challenged the validity of the control order legislation, arguing that it was constitutionally invalid.
Kirby dissented
In a dissenting judgment rejecting the constitutionality of the control orders, Justice Michael Kirby urged the court to insist on settled constitutional principles in the face of contemporary dangers from terrorism.
"It should reject legal and constitutional exceptionalism," he said.
"Unless this court does so, it abdicates the vital role assigned to it by the constitution and expected of it by the people. That truly would deliver to terrorists successes that their own acts could never secure in Australia."
Haneef dossier 'needs investigation'
from news.com.au
AUSTRALIAN authorities have no evidence Mohamed Haneef is linked to al-Qaeda, but the allegations need to be followed up, Australian Federal Police (AFP) Commissioner Mick Keelty says.
An Indian police file on Dr Haneef completed after his arrest in Australia alleged the Gold Coast doctor had links to al-Qaeda.
The dossier, revealed on SBS television last night, is an Indian police record of Dr Haneef that contains details about his education, earnings, relatives' names, his family's economic status and physical abnormalities.
One entry in the police file, which is marked "restricted", says "Organisational set up: alleged links with al-Qaeda".
Mr Keelty today said the alleged links were new information to him.
"But it emphasises the fact that this is an ongoing investigation, there are a lot of avenues of inquiry that are still to be followed through," he said on ABC radio.
"We don't have anything that positively says that in Australia but of course it is an avenue of inquiry and if that is what the Indians are saying it needs to be followed through."
Dr Haneef's lawyer Peter Russo said the claims were untrue and had never been put to Dr Haneef either in Australia or India.
Mr Keelty said Mr Russo had known Dr Haneef only for a short time.
"It would be more preferable if Mr Russo said, to his knowledge, in the four weeks that he has had any relationship with Dr Haneef he has no knowledge of his alleged links to al-Qaeda.
"Nor do we in the AFP, but to be definitive is a big call."
The dossier said Australian police detained Dr Haneef at Brisbane airport on July 2, indicating it was completed after his arrest over the failed bomb attacks in London and Glasgow.
It also noted that a bank locker key belonging to someone else was found in Dr Haneef's possession.
Mr Keelty would today not confirm the existence of the key, saying only it was part of the "ongoing investigation".
"Some of those avenues of inquiry I can confirm relate to financial transactions, but as I keep saying this is very much an ongoing investigation, it's a live investigation, and we need to let the investigation take its course."
Asked if investigators were following a "money trail", Mr Keelty said: "We are."
Security checks
Health Minister Tony Abbott said today that anyone coming to Australia as a permanent resident or a long term temporary resident had to get a security clearance.
"No overseas-trained doctor can practise in Australia unless he or she has been judged fit to practise by the relevant state registration board," Mr Abbott said.
He said there were advanced plans to have a system of national medical registration, which would mean a high uniform standard.
"The vetting process is as reasonable as we can make it but it is not absolutely foolproof and we're trying to make it better," he said.
Another Indian-trained Gold Coast doctor linked to Dr Haneef has been suspended for allegedly lying about his employment history.
Mohammed Asif Ali, 26, was suspended on full pay from the Gold Coast Hospital on Friday after the Australian Federal Police (AFP) suggested Queensland Health further investigate his background.
Dr Ali was interrogated last month over his relationship with Dr Haneef, and the AFP said he remained a person of interest.
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