The Leftist VCAT again

Drug dealing and violent crime is OK -- but laughing at the Koran is not

A drug dealer peddling heroin at a public housing estate has kept his taxpayer-subsidised flat after an eviction order was overturned.

With more than 41,000 Victorian families waiting for help to put a roof over their heads, the decision has disappointed welfare groups.

The dealer, whose identity is being protected by the courts, was ordered to move out after he admitted selling drugs at the Flemington estate where he lives. But the man remains in his high-rise unit after the Director of Housing's application for possession of the flat was quashed on a legal technicality in the Victorian Civil and Administrative Tribunal.

The decision comes after the unemployed man - identified in court documents only as TK - was caught three times selling heroin to a police operative at the estate.

TK's lawyers argued the eviction was a breach of his rights under Victoria's controversial Human Rights Charter.

VCAT deputy President Heather Lambrick ruled that while there was no interference with TK's human rights, the Director of Housing had failed to prove TK used his flat for illegal purposes, even though one deal was carried out in his unit doorway and a police raid found drug money in his flat.

Ms Lambrick said her decision would have been "quite different" if provisions of the Residential Tenancies Act dealing with illegal activity extended to common areas of estates. "It was clear from the evidence that the tenant was indeed using the Ministry of Housing Estate to traffick in heroin," she said.

Responding to the revelations, the State Government vowed to review tenancy laws to try and close the loophole. Housing Minister Wendy Lovell said she would seek advice from her department on what changes were required
to plug the gap.

"A Baillieu Government will not tolerate drugs in public housing estates or any other illegal activity," she said. "Victorian taxpayers have every right to feel this is an unacceptable situation."

Council of Social Service chief executive Cath Smith backed a wide-ranging review, saying basic health and safety standards for public and private tenants were outdated.

Ms Smith said it was important courts protect people's right to a home, but this decision would be questioned by the 41,200 people waiting for public housing and went against recent improvements in security for the more than 62,000 families living in public housing, including the eviction of several other drug dealers.

"It puts the Office of Housing in a very difficult position when you have tens of thousands of people needing somewhere to live but without the means to move on those who break the law in order to free up a home for someone who really needs one," she said.

"It's a real shame to see the positive effort to try and have safe and secure housing for people in our public housing estates contradicted."

TK was the target of a covert police operation in July and August, 2009 during which he was caught selling heroin from his flat.

During one deal TK opened the screen door of his flat to take $180 from the covert officer before handing out a silver foil of heroin. Another deal occurred in a stairwell outside his flat.

Police also seized $470 and a mobile phone during a search of the unit and TK admitted trafficking heroin to support his own addiction.

In February he pleaded guilty to four counts of trafficking, and possessing the proceeds of crime and was placed on an 18 month community based order.

TK was then served an eviction notice and the Office of Housing applied to VCAT for possession, alleging TK had used his flat for the illegal purpose of trafficking heroin.

TK's lawyers argued the eviction was a breach of his right to a home under the Charter of Human Rights and that it could not be proved he was using the flat to traffick heroin.

Ms Lambrick found a landlord's need to ensure premises are not used for illegal purposes was an important limitation of the Charter's right to a home. However, she also found the Director of Housing had not proven TK used his flat for an illegal purpose. [????]

Ms Lambrick found it was not enough that a premises be the scene of a crime, saying it must be deliberately used for an illegal purpose. "There must be some real connection between the use of the rented premises and the illegal activity alleged. It is not sufficient that there be a passing connection," she said.

SOURCE