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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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