Australasian biker news

 

AUSTRALASIAN BIKER NEWS

 

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




 

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