Pubdate: Sat, 11 Oct 2003 Source: West Australian (Australia) Copyright: 2003 West Australian Newspapers Limited Contact: http://www.thewest.com.au Details: http://www.mapinc.org/media/495 Author: Sean Cowan ASSETS LAW COULD BECOME LIABILITY WA'S tough criminal property confiscation laws could be headed for a raft of High Court challenges. The laws, passed three years ago, are considered the toughest in the country, stripping millions of dollars of assets mainly from convicted drug dealers. But a High Court challenge to the previous laws could force the State Government to review several parts of the current legislation or fight off constitutional challenges. In December, the full bench of the High Court will hear an appeal against the since-repealed WA confiscation law which saw the State take $250,000 from a dead man. Stephen Retteghy was charged after police raided his Guilderton property in 1996 and found almost 600 cannabis plants, more than 30kg of harvested cannabis and a diary detailing drug sales. He pleaded not guilty to drug dealing and was committed to stand trial, but died of cancer aged 67. Under the old Crimes (Confiscation of Profits) Act, a dead man was taken to have absconded. In the eyes of the law, this meant he could be considered guilty and his assets could be forfeited. Lawyers for the executor of Mr Retteghy's estate have asked the High Court to find the law unconstitutional because the dead man effectively had been found guilty without trial. The Criminal Property Confiscation Act 2000 includes a similar provision. University of Notre Dame law lecturer Ben Clarke said the action could spark several constitutional challenges. Other cases include the confiscation of a pensioner's Yangebup property. While Graham Smith could prove he had paid legitimately for the home over 17 years, it was forfeited because he had grown 20 cannabis plants in his backyard. He was declared a drug trafficker - which entitled the State to seize his assets. Multi-millionaire Matthew Telling kept his assets after pleading guilty to possessing 16g of ecstasy, but if he had had 12 more he would have been declared a trafficker, despite his wealth being inherited. - --- MAP posted-by: Keith Brilhart