Court grants control order on South Australian bikie
May 30, 2011
A FORMER bikie has been banned from associating with three members of the Rebels motorcycle gang under South Australia's controversial anti-bikie laws.
The High Court has ruled one section of the laws unconstitutional, but South Australian police used another section of the legislation in seeking the order against Jamie Malcolm Brown in the Adelaide Magistrates Court today.
Magistrate Kym Millard said he accepted police submissions that banning Brown from associating with the three gang members would “markedly reduce the risk of engagement in serious criminal activity”.
But Mr Millard declined to agree to a police request that Mr Brown also be banned from attending any pub, club or entertainment venue.
He said he was not persuaded that police had established “any clear nexus” between Mr Brown going to pubs and clubs and his criminal offending.
Mr Brown had argued against the control order and told the court that he was no longer a member of the Rebels.
He said he also regretted his previous behaviour, which led to him serving time in jail including a nine-month sentence for breaching a good behaviour bond.
“I frankly admit that I have, in the past, engaged in irresponsible and ridiculous behaviour for which I am again sorry,” Mr Brown told the court.
“However, I have always admitted my guilt in relation to that behaviour which amounts to a crime and I have served penalties of imprisonment for that conduct.”
Mr Brown said he had reflected on his past activities while in jail and had taken steps to improve his life by starting his own business.
But Mr Millard said notwithstanding Mr Brown's changed perspective, he accepted that there was a long-established risk he would engage in serious criminal activity while associating with Rebels members.
“I accept the submission of the applicant that an order made preventing the defendant from being in personal contact with those persons will markedly reduce the risk of engagement by the defendant in serious criminal activity,” the magistrate said.