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Monday, December 13, 2010

Australia - DPP takes aim at anti-gang law

OFF THE WIRE
Source: smh.com.au

BIKIES have an unlikely ally in their High Court bid to overturn NSW legislation banning them from associating - state Director for Public Prosecutions Nicholas Cowdery.
Mr Cowdery has called the legislation, which was rushed through last year in the wake of a brawl at Sydney Airport between members of the Comanchero and Hells Angels bikie gangs in which a man was killed, ''draconian'' and a ''giant leap backwards for human rights''.
Bikies have been under siege by police, who are determined to crack down on violence and illegal drug trading within gang ranks.
Advertisement: Story continues below Last week, The Sun-Herald revealed police had applied to have licensees in up to 30 Kings Cross nightclubs ban entry to bikies or face fines.
Mr Cowdery's stinging attack on the legislation - the Crimes, Criminal Organisations Control Act - came last week in an address to a NSW Young Lawyers seminar.
''The placing of the burden of proof upon a controlled person to establish that an association with another controlled person falls within the exemptions under the Act - for example, close family members - is a draconian measure,'' he said.
''[It is] reminiscent of reverse onus provisions that were in place for a time in Northern Ireland during the 'troubles' where extraordinary measures were considered appropriate in a time of general emergency.''
Mr Cowdery said the legislation was wrongly described as being against "bikie gangs" and as "gang laws" as the Act was not confined to "outlaw motorcycle gangs" - their potential reach was much broader.
''Such legislation could apply, for instance, to political parties, labour unions, professional associations, clubs of all kinds, religious groups or charities,'' he said.
It had ''a number of other troubling features'', such as not applying to organised groups of shoplifters or street drug dealers.
Mr Cowdery said the legislation was rushed through without consultation with the DPP and with ''insufficient community consultation and over the deep concerns and protests of the NSW Bar Association, the NSW Law Society, academics, the Council for Civil Liberties and many others.
''While state governments and oppositions may be right that something more needs to be done about bikie gangs and criminal groups, especially when they involve themselves in an organised manner in drug manufacture and supply and crimes of violence and firearms offences, this very troubling legislation is another giant leap backward for human rights and the separation of powers - in short, the rule of law,'' he said.
Meanwhile, police investigating a drive-by shooting two weeks ago on the Ryde home of Armani Stelio, sister of former Nomads member Sam Ibrahim and Kings Cross organised crime figure John Ibrahim, have ruled out any links to a flare-up of violence between the Comanchero and Notorious gangs for control of drug and protection rackets in the Cross.