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Pinched from ozbiker.org
Good luck to em...
The WA chapter of the Gypsy Jokers' fight against tough anti-fortification laws
has turned into a constitutional battle after a Supreme Court judge yesterday
expressed his concerns about the legislation's wide-ranging powers.
Judge Peter Blaxell cancelled the planned three-day hearing shortly after lunch
after earlier telling lawyers for the motorcycle club that he had access to
confidential information that they had not seen.
As a result, the club's lawyers would be forced to argue without knowing the
case against their clients - a situation that offended the principles of the
justice system, he said.
Using the laws, Police Commissioner Karl O'Callaghan ordered the bikers to tear
down a concrete wall and security cameras and modify several internal and
external doors at their Maddington clubhouse in April last year.
The bikers asked the Supreme Court to overturn that order and had planned to
argue that the Lower Park Road property was not heavily fortified nor "used
habitually by a class of people reasonably suspected of being involved in
organised crime" during yesterday's hearing.
But the laws allowed Mr O'Callaghan to provide information to Judge Blaxell that
could be kept secret from the Gypsy Jokers. "That's contrary to every principle
of justice we have all been brought up to know," Justice Blaxell said of the
confidentiality provision.
The case was adjourned and will now be heard in May - more than two years after
police served the original notice on the club - to give them time to notify the
attorneys-general of every State and Territory of their constitutional
challenge.
Before yesterday's hearing was cancelled, the Gypsy Jokers' lawyer David Grace
QC asked Justice Blaxell to visit the property. Justice Blaxell reserved his
ruling on any visit.
Mr Grace said changes demanded by police contravened safety laws and the club
needed security for their bikes, which cost up to $35,000."That (the Act) does
not mean you can make the place into a fire risk so that 200 eople get stuck in
there and burn to death," he said.
He tendered photographs of Perth properties that had similar walls and also the
parts of the clubhouse police want changed.
The WA Supreme Court hearing is expected to conclude tomorrow before Justice
Blaxell hands down his decision