Baby-Killer Laws On Hold
SOUTH Australia Premier Mike Rann says opponents of his
new laws to punish baby killers should face the families
of their victims.
Attacking the Opposition and Democrats, Mr Rann has called
for an end to "political games" he says are delaying the
new criminal neglect laws.
"It is time for the Opposition to pass my Government's
ground-breaking new law before another baby dies or suffers
injury at the hands of their parents or carers," Mr Rann said
yesterday. "If they don't, then it should be them facing up
to the loved ones who have lost their defenceless little
child and the authorities who are rendered virtually
powerless to prosecute them."
The legislation, allowing carers to be charged with
criminal neglect, has passed the Lower House, but is
being stalled in the Upper House. The Opposition has
referred it to Parliament's Legislative Review Committee,
while the Democrats have indicated they will oppose it.
The law is designed to close a loophole allowing people
charged with murdering an infant to escape prosecution
if there is insufficient evidence to prove that charge.
It has been subject to extensive consultation with the
office of the Director of Public Prosecutions, the
judiciary and members of the national Model Criminal
Code Officers Committee.
It was introduced last year after the acquittal of a
woman charged with the manslaughter of her three-month-old
daughter. The baby died from injuries inflicted while in the
care of her parents, but there was no evidence proving who
had inflicted the fatal injury.
The new criminal neglect charge will apply to people with
a duty of care to the victim.
Mr Rann's attack comes days after murder charges against a
Port Lincoln couple over the death of a one-year-old boy were
dropped because of a lack of evidence.
He stressed yesterday that he was not commenting on any case
now under investigation or before the courts. "This is about
getting the law right," he said. "People who kill babies that
they're meant to be caring for should be in jail."
Opposition legal affairs spokesman Robert Lawson yesterday
rejected the Premier's claims and said a review was needed
to ensure "effective protection" for children.
"We have no intention of putting the lives of children at
risk," he said. "We support (a committee review) . . . because
of its complexity and because no law using this terminology has
been introduced in other jurisdictions."
Adelaide Advertiser (28-2-2005)
Nigel Hunt
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