Australasian Biker News
Bikie gangs form fund to mount
Court challenge
BY: COLIN JAMES
Australia - ~Bikie gangs form fund to mount High Court challenge~
MAJOR bikie gangs have formed a fighting fund to mount a High Court
challenge against controversial laws aimed at driving them out of the
state.
The Hells Angels, Finks, Rebels and Gypsy Jokers have told their lawyers
– including several Queen's Counsel – to join to overturn the laws,
passed by State Parliament despite widespread criticism from lawyers and
civil libertarians.
The Advertiser has confirmed the gangs have begun raising funds to
ensure the country's best constitutional experts can fight the laws in
the High Court of Australia once all other legal avenues have been
exhausted.
The bikie gangs also have discussed holding a mass protest by jointly
riding hundreds of motorcycles into Victoria Square while State Cabinet
is sitting inside the State Administration Building on a Monday morning.
The developments come as the SA Police Crime Gang Task Force prepares to
use the Serious and Organised Crime (Control) Bill to directly attack
the leadership of the state's eight bikie gangs, with special attention
on such office holders as presidents and treasurers.
Task force officers this week underwent special training on how to
enforce the laws, which enable police to obtain restraining orders to
stop bikies from associating with each other or anyone with criminal
records.
Police Commissioner Mal Hyde can apply to Attorney-General Michael
Atkinson to have bikie gangs declared illegal, with courts empowered to
issue restraining orders on individual members.
Legal sources yesterday confirmed several bikie gangs had decided to
mount a united challenge against the laws, which were modelled on the
Federal Government's anti-terrorism legislation.
Prominent criminal defence lawyer Craig Caldicott said the challenge
would be based on a test case to be identified once the laws came into
effect in the next few months.
"There are people putting together funds for the purpose of going to the
High Court," he said.
"The laws are draconian and there's no doubt they're going to give rise
to challenges at all levels inside the court system."
Mr Caldicott, who represents several well-known bikies, said lawyers
were particularly concerned decisions made by magistrates and judges
under the laws could not be the subject of judicial review.
David Edwardson QC, one of the top criminal barristers in the state,
believed it was "appropriate that bikie gangs had formed a fighting fund
to challenge the laws because they were flawed and lacked transparency
in a number of material respects."
"It is a great concern to me, at least, that there is no way of
challenging a decision made by the commissioner of police or the
Attorney-General under these laws," he said.
"And, while today they are saying it is confined to bikies, what is
saying that it will not be the BLF (Builders Labourers Federation)
tomorrow."
The Democrats and Greens unsuccessfully attempted to have the laws
opened to judicial review – where judges could independently assess
decisions – during a lengthy debate this month in the Legislative
Council. The State Opposition supported the Government in blocking the
move, agreeing it would enable lawyers to launch legal challenges in the
state's courts.
Police Minister Paul Holloway last night said: "To allow judicial review
or legal challenges to declarations, control and public safety orders
created by the new laws would have undermined the operation of the State
Government's anti-bikie legislation."
He said members of organised criminal groups were well funded and had
access to the best legal advice and representation. The new laws were
expected to be effective from late July or early August.