NSW Police granted interim gang crime orders after mistaken-identity murders

NSW Police are set to receive extraordinary new powers to combat underworld violence, after two innocent men were killed in mistaken-identity shootings within 48 hours last week. Marco Tapia and Joshua Macdonald became the sixth and seventh victims of gang-related hostilities in the past year.

Currently, serious crime prevention orders (SCPOs) can only be issued by the Supreme Court, a process that can take weeks or even months. In 2022, a Sydney bikie gang head subject to an SCPO received it six months after the violence that prompted the order. The new interim orders, announced by Premier Chris Minns on Monday, remove that hurdle, allowing police to impose restrictions immediately.

SCPOs are broad powers that can restrict who a suspect associates with, where they live, what bank accounts they use, and even what phone or car they drive. Recipients are not required to have been charged with a crime. Breaching an order can result in jail time, as Hamzy crime family member Ghassan Amoun found out in 2021 when he received a 12-month sentence. He was shot dead in South Wentworthville days after his release.

Fugitive Rafat Alameddine was also previously subjected to an SCPO but remains overseas. The effectiveness of the new interim orders remains to be seen, with concerns that even faster powers may not stop the bloodshed.

Why This Matters

The new powers address a critical delay in applying restraining orders to suspected gang members, potentially preventing further innocent casualties.
Civil liberties questions arise over pre-emptive restrictions without court oversight or criminal charges.
The effectiveness of SCPOs is uncertain; past cases show orders did not prevent the deaths of those targeted.

Background

Sydney has experienced a surge in gangland violence, including mistaken-identity shootings that have killed innocent bystanders. Serious crime prevention orders (SCPOs) were introduced to disrupt organised crime by imposing strict conditions on suspects. However, the requirement for Supreme Court approval created delays that police argued rendered the tool ineffective during fast-moving feuds. The interim order removes that approval step, but the orders remain extraordinary in that they restrict individuals without requiring a conviction.

Key Perspectives

NSW Police and Government: The interim SCPO is a necessary weapon to quickly immobilise key players in organised crime and halt retaliatory shootings. Civil Liberties Advocates: Pre-emptive restrictions on movement, communication, and association without a court hearing risk undermining due process and could be applied too broadly. Critics/Skeptics: Past SCPOs have not prevented further violence; Ghassan Amoun was killed shortly after release, and Rafat Alameddine remains at large despite being subject to an order. The new powers may simply shift the problem.

What to Watch

Court challenges to the interim SCPO's constitutionality.
Whether police use the new powers rapidly against known figures in the current violence.
The number of mistaken-identity killings in the coming months as a measure of impact.

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