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3:03PM Wednesday 03 December, 2008
'Blogs Central
Blog Central: Law and Order Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service.

Will charges against the Rebels stick?

September 28 | Damon Locantro

More than 100 police officers yesterday raided the Rebels.

There were apparently 23 charges – but will the charges stick?

I have been involved in many cases where clubhouses and sheds on properties have been raided, and the charges can be hard to prove.

By their very nature, they are places where many people come and go. So are the living rooms and bedrooms of rented homes, for that matter.

That poses a problem for police in proving possession of items.

Possession requires knowledge of something and control of something. The prosecution needs to prove those elements beyond a reasonable doubt.

There is a doubt if the place is one where many people could have placed drugs or guns or anything illegal and it is a reasonable explanation to say that the person accused had no knowledge of it.

This is especially so in cases where the police have no surveillance, fingerprint or DNA evidence to draw a direct link between the item and the accused.

Time will tell if the charges can be proven in this latest case.

Police Remembrance Day

We have an adversarial system and you have probably gathered what side I am on at the moment.

However, nothings stops me from remembering that I started my career with the NSW Police Service.

During my employment as a police officer, there were numerous deaths of police who were acting in their duty. Among those I recall are officers Addison, Speers, Forsyth and Carty.

There have been many others since I left. The deaths devastate family and friends, and send shockwaves through the service.

I know that my former colleagues are remembering.

No one should die in the pursuit of employment.

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