Bikie Law Canned

[Kermit]

Police and politicians have been forced back to the drawing board in their fight against serious gang-related crime after a single Hells Angels member succeeded in having NSW's tough anti-bikie laws scrapped.

In a remarkable legal challenge which could have national ramifications, Derek Wainohu, a Sydney Hells Angels member, asked the High Court to declare the Crimes (Criminal Organisations Control) Act invalid.

The law was introduced in 2009 by former premier Nathan Rees, just 12 days after bikie associate Anthony Zervas was killed during a mass brawl at Sydney Airport.

The Law Society of NSW said at the time the legislation was an over-reaction.

It effectively gave the Supreme Court the power to outlaw bikie gangs and force members to avoid contact with each other or face up to five years' jail.

But in a verdict on Thursday, the full bench in Canberra agreed with Mr Wainohu's assertion the law could have impinged individual freedoms.

The NSW government has been ordered to pay the full legal costs in the case, which Mr Wainohu's lawyer Wayne Baffsky said amounted to about $300,000.

"We're very, very happy," Mr Baffsky told AAP.

"It's not just for them (Hells Angels), it's for the people of NSW. Because the extent of the law was extraordinary.

"It was a frightening act in my opinion that targets two or more people."

The United Motorcycle Council NSW welcomed the ruling, as did the Brotherhood Christian Motorcycle Club (BCMC).

"We believe that the legislation was exceedingly dangerous for the whole of Australian society," BCMC spokesman Greg Hirst said.

Law Society of NSW president Stuart Westgarth called the former law a "reaction to a particularly nasty situation".

"We put forward a number of objections to the legislation," Mr Westgarth said.

University of NSW Faculty of Law senior research fellow Christopher Michaelson compared the Act with that of a dictatorial regime.

"I have great concerns about laws which criminalise membership in organisations as opposed to individual criminal behaviour," Dr Michaelson told AAP.

"This is much the practice of dictatorial regimes with little regard to the right to assembly and freedom of organisation."

Police Association of NSW president Scott Weber said the law had problems from the start.

"So it is not surprising that the High Court has overturned them," Mr Weber said.

Police should have the same powers as the NSW Crime Commission to investigate unexplained wealth and earnings of organised crime, saying this would be a better way of combating criminal activities by bikie gangs, Mr Weber said.

NSW Attorney-General Greg Smith said he would now look at new legislation.

"We will examine whether legislation can be prepared which will adequately address the concerns of the High Court, but will not allow this decision to slow the NSW government's crackdown on organised crime," Mr Smith said in a statement.

In their ruling, the High Court judges agreed with concerns that the anti-bikie law meant normal court procedures could be bypassed.

Their concerns centred on the fact that defendants could not appeal decisions made under the Act, the provision for hearings to be held in private and the lack of regard for the normal rules of evidence.

The judges said the Supreme Court would be asked to make rulings "without regard to the rules of evidence", based on information not disclosed to defendants and with no obligation to provide any reasons for judgments.

NSW's anti-bikie laws were partly based on legislation in South Australia, parts of which were ruled unconstitutional in 2010.

Politicians in SA were watching the NSW case closely.

SA Premier Mike Rann reiterated his vow to keep up the fight against bikie gangs.

"We do not resile from what we're doing, we're going to keep coming at them," Mr Rann told reporters.

"The bikies might think that they got a free kick from the High Court but they will not be getting a free kick from us."

http://news.ninemsn.com.au/national/826 ... w-gang-law

[Glen]

Awesome....Meth Labs for everyone

[Wattie]

Awesome....Meth Labs for everyone

Windsor Downs will be rife!!

The amount of Hyundai Excels on the road will decrease, as bikies wont need to be covert.

[Gosling1]

i don't know how accurate this story is. The laws must still be in place in NSW - because they were used only a couple of days ago !!

Some mentally-ill kid up in Tamworth was arrested under the new consorting laws only a couple of days ago ? Its created a massive stink up there - he has basically been arrested for kicking around with a couple of mates who he has known since he was a kid.

Tamworth is a pretty small place. This kid has been arrested and done time, as has his 2 mates.

Apparently now - as a result of the new laws - this kid now has to be locked up.

Its a total breach of NSW Police stand that they would never use this law in this manner - especially against those unfortunate buggers who have a mental illness !

This court case is likely to attract a lot more attention over the next few weeks.......

[seiko1]

Its a total breach of NSW Police stand that they would never use this law in this manner - especially against those unfortunate buggers who have a mental illness !

I'm shocked................................................NOT!!!



and I hate to say it but "I told you so"!!!!!!

[aardvark]

Are the new consorting laws the same as the "anti-bikie" laws Gos, or have they simply revised the old consorting laws?

[Phil]

Does that mean the CDT is in danger

[Gosling1]

.....Are the new consorting laws the same as the "anti-bikie" laws Gos, or have they simply revised the old consorting laws?......

according to the story I saw earlier today, they arrested this kid using the 'anti-association' legislation. He had been given a couple of warnings to cease all contact with his mates - which of course had been totally ignored, these kids have been mates since they were 4 years old - so the local coppers finally decided to charge him. The local magistrate made some comments along the lines of expressing his concern that the laws gave him no option but to give this kid jail time.

It was not a use of the old consorting laws - these kids had all simply done time and been charged for offences in the local area for a number of years - Tamworth is a pretty small place when all is said and done. Well-known to the local plod, who it appears in this case had just had enough of the refusal of these 3 to stop associating with each other. Not a use of the old consorting laws, there was no evidence that they were about to commit a crime - just that they had done so in the past and the anti-association laws were (allegedly) more applicable in this instance...... it sucks donkey balls. Will possibly be seen in time as the straw that gets the association laws totally squashed or unable to be used in circumstances like this ?

......Does that mean the CDT is in danger ......

Fuck yeah - who hasn't done time on that ride !!! (.....hmmmm looks around tapping the table - perhaps it IS only me ! )

well no probs I am on the MFP12 next year so the bastards will have to peddle their little bullwagon at warp speed to catch me

[mick12]

what happens most of the people i work with have records does that mean if we go to the pub after work are we associating and in line to be arrested as for anti bikie laws i beleive thats bullshit why not get anti mafia laws anti triad laws anti anybody laws organised crime is no worse in this country than any other so why make special laws targeted at specifics shit maybe even tackle AA or even you local RSL they have mettings associate with one another in Cairns we have gangs of kids as young as 10 roaming the streets causing more harm to people and property and the cops are powerless to do anything about it not even a slap on the wrist ( THATS ASSAULT ON A MINOR ) under the circumstances I think Derek & his legal team have done a great job

[z900/zx9]

So this must mean that Stace can now be released from house arrest

[Naked Twin]

Gos, I think they are telling you porky pies. The anti association laws required an organisation/ group to be declared illegal. To do that the police had to apply to the courts to have an organisation declared illegal and even then they then had to prove that any said person was actually a member to justify the court to order that a person can not associate with another.

[Gosling1]

not at all mate - the association was the 3 mates. That is all it has to be. The coppers did apply to the courts, the kids had been warned - apparently on multiple occasions - and still hung around together. The local coppers must have decided to make an example of them. When this kid was sentenced by the local magistrate, he expressed his concerns in the court proceedings about how the laws were being applied in this case, however he had little option other than to enforce a jail term.

This young bloke was definitely done under the anti-association laws. When he was arrested - him and his mate were simply walking down the street together - they weren't actually commiting a 'crime', apart from associating with each other.

BTW it was Inverell not Tamworth - here is the story as told by ABC News.....they do refer to these as 'the new consorting laws' they are referring to the anti-association legislation aimed at big hairy scary bikers. I better have a shave & get a haircut

[Jonno]

Good to see your keeping up with the latest news their Blackster

[Gosling1]

Here is an interesting conclusion to this story - hot off the press !!

Conviction overturned against 21-year old Inverell man

[Naked Twin]

So the prosecution roll over, seems like they didn't want to fight. Not saying it was right to start with but when there is no opposition then it isn't contested.

One thing that should be noted is that the defence lawyer was not concerned by the defendants position but rather the law. Old mate mr Baffsky has a slightly skewed interest in the matter. Well if you were paid by the Hells Angels I think they might expect you fight regardless of your what you believe.