Magistrate Cathy Wadley appears to back bail application for alleged bikies Kiel Vaughan Collins, Dominic Michael Muhling and Jason Michael Heang can be heard in Townsville
- The Courier-Mail
- January 21, 2014
One of the alleged Rebels bikie members being arrested by Townsville police last Thursday. Source: Supplied
The solicitor acting for Kiel Vaughan Collins, Dominic Michael Muhling and Jason Michael Heang will today argue that Brisbane-based Chief Magistrate Tim Carmody does not have jurisdiction to hear their application for bail, and that they should be able to apply for bail in Townsville.
Premier Campbell Newman designed legislation for outlaw motorcycle gangs so that all bail applications can only be decided by Mr Carmody.
In this case it could be heard via video link.
But Townsville Magistrate Cathy Wadley yesterday indicated she agreed with the alleged gang members' solicitor and adjourned their application until today.
The trio, aged 40, 30 and 31 respectively, were arrested last Thursday after officers allegedly discovered drugs and two photographs of serving police officers in their homes.
Police say Mr Collins is the president of the club's Townsville branch.
Appearing for the second time in court yesterday, the trio's lawyer, Anderson Telford, argued for their release.
"I expect there will be some opposition to the bail application," he said.
"My submission is that the bail application ... should be made in this jurisdiction and further to that, that Brisbane Magistrates Court has no jurisdiction to hear it," he said.
Magistrate Cathy Wadley appeared to agree with Mr Telford, saying bail applications could be heard at any time.
"The practice directions don't say that he (Mr Carmody) must hear all bail applications ... it doesn't preclude matters in regions."
Police prosecutor Colleen Wainwright opposed the application and said more time was needed to prepare.
"The fact that it's a video link doesn't change the jurisdiction ... It's simply a magistrate sitting in Brisbane and is also a DPP prosecutor sitting in Brisbane," she said.
"My submission is a magistrate in Townsville should only be doing the mandatory simple tasks of adjourning it to another date and not even hearing such an application."
Ms Wadley said she was entitled to hear the application. The matter resumes today.