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Friday, November 12, 2010

Australia,High Court rejects anti-bikie laws

OFF THE WIRE
Source: abc.net.au
High Court rejects anti-bikie laws

Finks argued successfully in High Court against SA laws (ABC News)

Part of South Australia's anti-bikie laws has been deemed unconstitutional by the High Court in a majority decision.
Lawyers for two members of the Finks Motorcycle Club argued a section governing control orders undermined the constitutional independence of magistrates.
They argued magistrates had no choice but to make control orders if it was proven a person was a member of an outlawed organisation.
The South Australian Government rejected that argument.
All seven justices of the High Court heard the challenge this year and six of the seven have ruled in favour of the bikies.
SA had been joined by the Commonwealth and all states and territories other than Tasmania and the ACT in the legal proceedings.
Lawyer Craig Caldicott represented the Finks bikies in the legal challenge.
"It is a heck of a message to this State Government and also to other state governments, so we've all got to digest the judgment, but gee whiz what's happening is that the High Court has said 'This type of legislation, we don't like it'," he said.
"What they've done is decided that they will enforce or try to enforce draconian laws which the High Court has ruled invalid.
"The High Court has said that there is a separation of powers, the Parliament cannot tell to the courts what to do."
Eight control orders made against Finks members were dismissed.
The High Court ordered the SA Government pay the bikies' legal costs of defending the action, but the exact sum is yet to be determined.
Mr Caldicott said the bikies had spent significant money on the case and it would amount to hundreds of thousands of dollars.
Members of several motorycle gangs gathered at a pub in Adelaide to celebrate the legal ruling, among them Finks member Mick Macpherson.
"I pay my taxes just like the next person and I deserve to have my rights just like the next person so and as you can see by today so do a lot of people so I hope the word gets out there and these silly laws get quashed," he said.
'We will fix it'
South Australian Attorney-General John Rau says the Government will closely examine the judgment before it redrafts its legislation.
"Most of the act, with the exception of this one provision, remains operational," he said.
"The act does a lot of things aside from the work done by this particular provision and if, after we've considered all of the information about this, we find that that is the only bit of the act that's got a problem, we will fix it so that it fits within the goal posts that have been set out by the court," he said.
"This is not in any way a step back from where we've been. The next step is going to be a forward step, not a backwards step."
Mr Rau vowed the Government would not back away from its fight against gangs.
"I would like to make it clear to members of the public that if they are concerned that this is the only piece of legislation the Government is looking at or considering in relation to organised crime groups then than they can be comforted by knowing it isn't," he said.
"This is not the whole deal. There is more than this on the plate."
Michael Atkinson was SA's attorney-general when the state legislated with the bikie gangs in its sights.
Having read the legal argument which was made to the High Court, Mr Atkinson said he was not surprised it reached the judgment it did.
"I was expecting it, yes, by majority decision," he said.
"We will go back to the drawing board because what you have to understand is these gangs are special. They use violence and intimidation and extortion in such a way that they are able to mock the justice system. The gangs are able to stop witnesses who have gone to the police."
SA Police Assistant Commissioner Tony Harrison said officers would keep using unaffected provisions of the law and criminal organisations should take no satisfaction from the High Court ruling.
Law Society president Ralph Bonig said the court decision was no surprise as part of the legislation removed the independence of the legal system.
"We have as far back as almost two years ago to the day been saying that parts of this legislation are invalid and contrary to the fundamental rights of independence and freedom and civil liberties," he said.