Judicial Workshop on the proceeds of crime
19 November 2007; Crowne Plaza, Port Moresby, PNG
Australian Deputy High Commissioner to PNG, Ms Ann Harrap
Chief Justice Sir Mari Kapi, acting Secretary of the Department of Justice and Attorney-General, Hitelai Polume-Kiele, honourable judges and magistrates from Papua New Guinea, Solomon Islands and Vanuatu, distinguished guests, ladies and gentlemen.
I am pleased to have the opportunity to address you this morning. This workshop follows a similar event in Palau earlier this year. At PNG’s request, the Australian Government is assisting the PNG judiciary to host this sub-regional workshop for judges on money laundering and proceeds of crime.
I would also take the opportunity to welcome my colleagues from the Attorney-General’s Department in Australia, who have put a lot of work into preparing the workshop. I am sure you are looking forward to hearing from them and from their guest presenters: Mr Andrew Mitchell QC, one of the UK’s foremost experts on money laundering and confiscation of the proceeds of crime, who I understand will join you tomorrow; and Mr Andrew Buckland of Australia’s Commonwealth Director of Public Prosecutions.
By its very nature, transnational crime works across borders and affects us all. Transnational crime exploits the weakest and poorest in our societies; it directly contributes to crime in local communities; it undermines the rule of law; it impedes economic growth; and it supports greed and corruption.
This workshop is a particularly important one because it focuses on the very heart of organised crime – the profits. Many offenders are prepared to risk prosecution and imprisonment to enjoy the fruits of lucrative criminal activity.
Striking at this financial motive, by denying criminals their ill-gotten gains, attacks the very core of crime. PNG has recognised this by enacting powerful legislation on the proceeds of crime, so that strong action can be taken to deprive criminals of the benefits of crime.
These laws, including the laws against money laundering, enable authorities to track down and confiscate the proceeds of crime, even where funds are disguised to appear legitimate through various money laundering techniques.
I hope this workshop will give you a forum to discuss with your brother and sister judges these laws, which are becoming even more important due to globalisation.
With crime and the profits from crime increasingly crossing international borders, countries without strong governance arrangements can become targets for transnational crime and money laundering. It is no surprise, then, that Australia feels very strongly about working with its Pacific partners to promote good governance in the region.
Apart from exposing a country to crime, poor governance also restricts economic growth by constraining efficiency. Poor governance impacts most heavily on poor people, diverts public money from long-term goals and undermines the capacity of governments to introduce reform.
A strong, independent judiciary plays an important role in facilitating good governance and, as this week will demonstrate, combating transnational crime. The PNG judiciary’s interest in conducting this workshop on money laundering and the proceeds of crime is welcome.
The workshop complements a range of other assistance being provided by the Australian Government to support PNG in developing and implementing its own policies and initiatives to improve governance and combat transnational crime. This includes through the Enhanced Cooperation Program (ECP), the work of our AFP liaison office in the High Commission, support through the Australian aid program to the law and justice sector – including to the judiciary – and initiatives that increase the community’s demand for good governance.
We are establishing legal instruments to facilitate cooperation between our governments on transnational crime. This month, for example, the AFP will sign Memoranda of Understanding with PNG police, customs and immigration organisations to facilitate intelligence sharing and joint criminal investigations.
We have also been instrumental in the establishment of systems to combat transnational crime in the broader region. This includes the Pacific Transnational Crime Network and the Pacific Transnational Crime Coordination Centre, which coordinates criminal intelligence from Transnational Crime Units throughout the region.
Of more direct relevance to this week’s workshop, our support to the region also includes the work of the Anti-Money Laundering Assistance Team (AMLAT) of the Australian Attorney-General’s Department. AMLAT is an Australian Government program to assist Pacific Island countries to develop anti-money laundering and counter-financing of terrorism systems. AMLAT is working closely with countries throughout the region, including PNG, to this end.
This week’s workshop is a practical example of the way that Australia and PNG are working together to strengthen our region’s response to transnational crime.
Once again, thank you for inviting me to address you today. I hope that this week’s workshop will prove worthwhile for you individually. I also hope that it helps to provide you with valuable experience in dealing with cases on money laundering and the proceeds of crime.
End