THE state government has been ordered to pay
former Hells Angel bikie boss Derek Wainohu
$300,000 in legal fees after he successfully
challenged legislation aimed at breaking up
While bikies were
celebrating yesterday's High Court victory,
police and the government were looking at
redrafting legislation against outlaw motorcycle
"We will examine
whether legislation can be prepared which will
adequately address the concerns of the High
Court, but we will not allow this decision to
slow the NSW government's crackdown on organised
crime," Attorney-General Greg Smith said.
The High Court
yesterday declared the NSW Crimes (Criminal
Organisations Control) Act invalid and ordered
the state to pay the legal costs of Mr Wainohu,
estimated to be more than $300,000.
The law was
introduced in April 2009, after Hells Angel
associate Anthony Zervas was killed during a
brawl at Terminal 3 at Sydney Airport.
Under the law, the
police commissioner could ask a Supreme Court
judge to declare individual bikie gangs criminal
organisations and ban members from associating
with one another. It also granted the power to
ban "controlled members" from working in certain
jobs, with penalties of up to five years jail
for those who disobeyed.
challenged the law after police applied to the
Supreme Court in July 2010 asking a judge to
declare the Hells Angels an outlaw organisation.
He claimed individuals' freedom would be
impinged under the law. The High Court agreed,
saying it was concerned the law lacked any right
for defendants to appeal and any regard for the
normal rules of evidence.
The NSW Police
released a statement saying they will continue
to fight organised bikie gangs.
barrister Wayne Baffsky said the case had been
watched by bikies around the world.
He said police
will now have to drop their application to have
the club declared a criminal organisation when
it returns to the Supreme Court next month.
"I have spoken to
Hells Angels all around Australia, they are all
very excited and they are happy that this is the
end of the act because of the implications as to
what would happen if control orders are ever
made," Mr Baffsky said. on behalf of Derek
Wainohu and the United Motorcycle Council.