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Hells Angels challenge anti-bikie laws in court

GEESCHE JACOBSEN AND BELINDA KONTOMINAS

July 23, 2010

 

THE Hells Angels Motorcycle Club is challenging the constitutionality of the state's so-called anti-bikie laws in a move expected to delay the attempt by police to have the group declared a ''criminal organisation''.

The challenge, in the name of its former Sydney president, Derek Wainohu, was lodged yesterday in the High Court.

The move comes ahead of today's first court date for the case that police brought to have the bikie gang declared a ''criminal organisation'' under laws enacted after the airport brawl in March last year.

 

The case was expected to deal only with preliminary matters today, but it is expected lawyers for the Hells Angels will seek a stay of proceedings until the High Court has heard the challenge.

It is understood the group is challenging the validity of the entire law - the Crimes (Criminal Organisations Control) Act.

The law does not specifically target bikies. Lawyers, civil libertarians and others have warned it could equally be applied to other groups.

The High Court is already considering a challenge regarding similar laws in South Australia, brought by the South Australian government, which is seeking to overturn a Supreme Court decision ruling that state's laws illegal. The High Court has reserved its decision. The South Australian government was seeking to have the Finks declared illegal in that state.

The NSW laws were introduced after the brawl at Sydney airport in which a Hells Angels associate, Anthony Zervas, died.

NSW Police lodged its first application under the laws earlier this month. Following a successful declaration against a group, police can then apply to have individual members stopped from associating with each other.

The NSW Director of Public Prosecutions, Nicholas Cowdery, has raised concerns about the law, warning against an erosion of people's rights.

The law allows the judge to hear certain information, such as police intelligence, in closed court and not make that information available to the targeted organisation or its lawyers.

Mr Wainohu did not wish to comment yesterday, but said such a challenge was unprecedented in NSW.

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