One of the alleged Rebels bikie members being
arrested by Townsville police last Thursday.
THREE alleged Rebels bikie members will try
to defy new anti-bikie laws by applying for bail before a Townsville
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
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
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