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12 Jun 2012, 2:09 pm - Source: AAP
Two bikies suspected of murder want Queensland's CMC to hand over documents they think will help them avoid being hauled before a coercive hearing.
Two bikies suspected of involvement in a road-rage murder on the Gold Coast have asked Queensland's crime watchdog to hand over documents they believe will help them avoid being hauled before a star chamber.
The two NSW-based motorcycle gang members were issued late last year with notices to appear before a Crime and Misconduct Commission (CMC) coercive hearing in Brisbane.
The star chamber examinations, where witnesses risk jail if they refuse to answer questions, are often held in major crime cases where suspects refuse to cooperate with police.
The CMC wants to question the two men, who cannot be named, over their alleged involvement in the shooting death of Omega Rushton, 32.
The father-of-two was gunned down on the side of the Gold Coast Highway at Burleigh Heads on Australia Day, 2009.
He died from a wound to the stomach.
However, the two bikies are fighting to avoid appearing before the CMC, saying the hearing would strip them of their legal rights, including protection against self-incrimination.
"The desire to get to the truth of the matter has got to be weighed against the interests of (the men) in ensuring that they are fairly treated as suspects and fairly treated as citizens," their lawyer Andrew Boe said.
Mr Boe appeared before the Queensland Supreme Court on Tuesday to ask the CMC to hand over documents outlining exactly why they wanted to question the men.
He told the court the documents would aid the men in formulating their argument about the legality of their notices to appear.
However, the CMC has refused, claiming the documents reveal information about the case which could identify and put at risk a number of informants.
Justice Margaret Wilson has reserved her decision.