Alleged Fink James Cleave and Mongol Leslie Markham made national headlines when they were arrested for meeting up with West Australian Mongol Bradley Baker at the palatial Palazzo Versace hotel on the Gold Coast last November.
They became the first people charged under strict new laws that ban three or more members of declared criminal organisations from gathering in public. The trio are accused of being participants in a criminal organisation while being knowingly present in a public place.
The tough law reforms were introduced in October last year by the State Government following a violent rival bikie brawl which took place at a Broadbeach restaurant.
But angry club members joined forces this year to fund a High Court challenge, claiming the laws undermine constitutional rights to association.
A hearing date has yet to be set, with the club organisers scheduled to submit their case in writing in June.
In the meantime, Cleave, Markham and Baker were due to take part in a landmark trial in the Southport Magistrates Court in June.
But yesterday solicitors for the trio cancelled the trial and said the case would likely remain on ice until the High Court challenge was resolved.
Solicitor Michael Gatenby, for Baker, said his client was prepared to wait and see.
“We’re hopeful the legislation will be made invalid,” he said.
Potts Lawyers solicitor Michael Purcell, for Cleave and Markham, said it was inappropriate for the trial to proceed.
“It is appropriate these charges don’t go ahead because of the pending High Court challenge,” he said.