VLAD: High Court rejects challenge to Queensland anti-bikie laws
- News Corp Australia
- November 14, 2014
The full bench of the High Court of Australia in Canberra on Friday ruled Gold Coast Hell’s Angels Motorcycle Club member Stefan Kuczborski had no standing to challenge the Campbell Newman-led LNP Government’s contentious Vicious Lawless Association Disestablishment law established last year.
Kuczborski failed in his bid to challenge validity of the VLAD laws and related legislation prohibiting bikies from gathering in public and imposing lengthy prison sentences on gang members convicted of crimes, among other measures.
In a majority decision, the court found Kuczborski had no right to challenge the law based on the case his lawyers had presented.
It also rejected Kuczborski’s challenge to the validity of certain provisions of the Queensland’s Criminal Code and Liquour Act.
The decision means the court has made no finding to the validity of the VLAD Act and as such can be challenged in the future by any other party found to have standing to argue their case.
Lawyers for Kuczborski in September argued the “suite of laws and amendments’’ introduced by the Newman Government were unconstitutional and should be declared invalid.
Queensland Solicitor-General Peter Dunning, for the government, argued there was nothing wrong with the laws and court should rule them valid.
He submitted Mr Kuczborski had no standing in the High Court, an argument backed by Australia’s Solicitor-General Justin Gleeson, SC, on behalf of the Commonwealth.
The High Court agreed with Mr Dunning and Mr Gleeson.
In it’s written decision the court said: “Does (Kuczborski) have standing to seek a declaration that any ... of the provisions referred to ... is invalid?’’
Answer: “No.’’
Earlier, The Courier-Mail reported the fate of Queensland’s controversial anti-bikie laws will be decided this morning, when the High Court of Australia rules on their validity.
The full bench of the High Court is expected to hand down its landmark findings to decide the legitimacy of the Newman-led LNP Government’s Vicious Lawless Association Disestablishment Act (VLAD) 2013.
The ruling could lead to the scrapping or redrafting of the contentious laws, in addition to charges being dropped against some offenders.
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The seven-member panel in September heard two days of argument in Brisbane about the validity of the VLAD laws and related legislation prohibiting bikies from gathering in public and imposing lengthy prison sentences on gang members convicted of crimes, among other measures.
Lawyers for Hells Angels Motorcycle Club member Stefan Kuczborski argue the “suite of laws and amendments’’ introduced by the Newman Government were unconstitutional and should be declared invalid.
Queensland Solicitor-General Peter Dunning, for the Government, argued there was nothing wrong with the laws and court should rule them valid.
He submitted Mr Kuczborski had no standing in the High Court, an argument backed by Australia’s Solicitor-General Justin Gleeson, SC, on behalf of the Commonwealth.
Mr Gleeson said the Federal Government also adopted the submissions of the State Government to support their case.
Solicitors-General from NSW, Victoria, South Australia, Western Australia and the Northern Territory also argued in support of the VLAD laws in the hope they too can introduce similar legislation.
Should the High Court rule in favour of Mr Kuczborski it could lead to the scrapping or redrafting of the legislation, as well as to the dropping of charges currently levelled at other so-called dangerous bikies or vicious lawless offenders.
Alternatively, the court could opt against making a finding at all if it deems Mr Kuczborski does in fact have no standing to argue his case before them.
On September 3, the High Court was told the VLAD Act did not allow for the constitutionally required separation of powers between legislature and the courts by allowing the government to determine which groups were criminal organisations.
Barrister Ken Fleming, QC, for Mr Kuczborski, said as the laws currently stood any person charged with being a criminal participant under the VLAD Act had been without any ruling by a court as to whether the entity they belonged to was a criminal organisation.
Mr Dunning rejected the notion, saying: “(The legislation) does not pick up someone who attending two meetings of an organisation 20 years ago; it’s not a situation that once somebody has attended a meeting of an organisation they will be forever associated with it.”
The High Court ruling will be delivered in Canberra at 8.30am (Qld time).