Friday, November 12, 2010

HIGH COURT THROWS OUT SOUTH AUSTRALIAN GOVERNMENT'S ANTI-BIKIE LAWS

SEAN FEWSTER, ADAM TODD From: The Advertiser November 12, 2010
PREMIER Mike Rann's efforts to wipe out bikie gangs have unified, politicised and legalised his enemies - and left the state's taxpayers hundreds of thousands of dollars out of pocket.

Jubilant bikies say the High Court's rejection of the control order legislation proves the Premier and his Cabinet are "the real outlaws".

The judgment leaves taxpayers liable to pay hundreds of thousands of dollars to members of the Finks Motorcycle Gang to cover their legal costs.

Finks members are now free to associate with other members and the State Government will have to redraft the core of its anti-bikie legislation to ensure it is constitutional.

The High Court's decision, a 6-1 majority, dismissed the Government's appeal against a Supreme Court ruling that the legislation was unlawful.

The law obliged the state's courts to impose control orders on bikies at the request of the Attorney-General and police, without any evidence being tendered.


The High Court ruled that unconstitutional, saying it undermined the independence of judges and forced them to find guilt "based on assumptions".

However, elements of the legislation remain in force - including the Government's right to declare groups criminal.

THE ruling prompted the Finks, Gypsy Jokers, Descendants and other groups to exercise their right to association, by meeting at the Talbot Hotel on Gouger St.

Finks sergeant-at-arms Mick McPherson said the meeting was proof of the State Government's failure.

"Mike Rann wanted to go down in history as the Premier who dismantled the motorcycle gangs - instead, he's the Premier who united, politicised and legalised us," he said.

"He thought he was going to win this court case, and instead he's gotten a back-handed slap.

"Now the Government are the real outlaws, because they've written a law that was illegal to start with."

Craig Caldicott, who acted for the club, estimated legal costs on both sides would "run into hundreds of thousands of dollars".

"If the Government took all the money it's spent on crime-gang taskforces and High Court challenges, and spent it on effective policing, the public would be better served and better protected," he said.

Law Society president Ralph Bonig said it was unlikely the cost to the taxpayer would ever be revealed, as those negotiations would happen between the State Government and the bikies.

"Chances are you will never find out - it will probably end up getting paid out of general revenue," he said.

Attorney-General John Rau said he "wouldn't have the faintest idea" how much costs might total.

But he warned bikie gangs against "popping the champagne corks".

"Rulings such as this obviously present a momentary challenge; but they occur from time to time as part of the normal processes of government," he said.

"Our commitment to dealing with this scourge is unshaken.

"Our policy direction won't change. Our support for the police won't change.

"Our determination to fight organised crime won't change."

Assistant Police Commissioner Tony Harrison said the fight against outlaw motorcycle gangs and organised crime went on regardless.

"Criminal organisations should take no satisfaction from today's decision," he said.

"We will continue to use the unaffected (laws), together with other strategies, to disrupt the planning and execution of crime."

Opposition Leader Isobel Redmond said the State Government had wasted taxpayer money.

"Their inept and shoddy work in pursuing the High Court challenge has needlessly delayed any implementation of constitutional anti-bikie laws," Ms Redmond said.

"A year spent fighting the Supreme Court ruling has left SA no closer to implementing tough, effective anti-bikie laws."

Mr McPherson said the clubs would continue to fight "whatever the Government puts in our way".

"This law was never really about bikies and, hopefully, the community realises we've won this for them," he said.

"That's why I'm not wearing my colours today - I want to show I'm just like you. I work like you, I pay taxes like you and I have the right to come out and have a drink with my friends."

The Law Society's Mr Bonig said the anti-bikie laws "went too far".

"It took away an individual's fundamental right to independently refute and challenge allegations made against them and impaired the independence of the courts," he said.

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