Street gang boss
Vince Focarelli with his dad
Giuseppe and friends on Hindley St.
Picture: Andrea Laube
Source: Sunday Mail (SA)
POLICE are on the brink of using
controversial anti-bikie legislation against
the New Boys street gang.
revealed police are in the final stages of
preparing an application to have the gang
"declared" a criminal organisation under new
organised crime legislation - even though it is
still in limbo awaiting a High Court judgment on
The move comes as
police continue a major operation aimed at
curtailing the escalating bloody gang war
between the New Boys and elements of the Hells
Suppress, it has resulted in the arrest of more
than 55 gang members since February for offences
ranging from attempted murder, drug trafficking
and serious assault. Police have also seized
8400 street deals of amphetamines and ecstasy.
incident in the long-running dispute was the
attempted assassination of New Boys leader Vince
Focarelli in a crowded Sefton Park supermarket
on September 23 by a Hells Angels member.
Since early 2008
there have been more than two dozen major
incidents including drive-by shootings,
stabbings, serious assaults and a failed car
bombing - also aimed at Focarelli - that claimed
the lives of a Hells Angels member and an
yesterday would not discuss the looming New Boys
application, but sources have revealed it is not
likely be forwarded to Attorney-General John Rau
until after the High Court judgment determining
the future structure of the controversial
legislation is made.
Superintendent Doug Barr, the officer-in-charge
of the State Intelligence Branch, yesterday said
no further applications seeking declarations had
yet been forwarded to the government.
constantly monitoring the activity of both
motorcycle and street gangs to determine if
their actions or activities warrant an
application to the government for a Declaration
under the Serious Organised Crime Control Act,"
Once a gang has
been declared under the SOCCA, its members can
be subject to a control order which prevents
them from associating with designated persons or
frequenting nominated locations. Breaches carry
penalties of up to five years' jail.
legislation has been stalled since late last
year when the State Government launched a High
Court appeal after the Full Court of the Supreme
Court last September rejected a key component.
The Full Court
ruled that Section 14.1 of the SOCCA legislation
was invalid following an appeal by two Finks
members who had been subjected to control
section, which states a magistrate must grant a
control order sought by the police commissioner,
the subject is not given the opportunity to
appear when the order is granted and is not
allowed to know the content of an intelligence
file used in the process.
The Full Court
ruling meant control orders already obtained by
police against eight Finks members were invalid.
The Finks was the first gang to be declared
under the SOCCA legislation in April last year.
Police applied to
have the Rebels motorcycle gang declared in
December last year, but Mr Rau will not make a
decision on that application until after the
High Court decision on the Finks ruling has been
handed down, possibly late next month.