AUSTRALIA - Nomads arrests test new consorting laws

OFF THE WIRE
THE president and vice-president of the Nomads outlaw motorcycle gxxg's Sydney chapter have been arrested, in the first test of new laws making it illegal to consort with criminals. The legislation, which came into effect last month and is separate from anti-bikie laws thrown out by the High Court last year, means anyone can face up to three years in jail for communicating with convicted criminals, whether in person or via telephone, email or Facebook.
The two alleged gxxg members, Sleiman Tajjour and Jamie Zamit, were arrested together at a house in Pemulwuy, western Sydney, on Thursday evening.
Both had received a previous warning for consorting - the minimum required under the new law - and will now face court next month.
At least a dozen other bikies, including Hells Angels and Comancheros, are understood to have received similar police warnings in the past fortnight.
Detective Superintendent Arthur Katsogiannis, acting head of the NSW Police Organised Crime Directorate, said the new laws were being used initially to target gangs linked to a recent series of shootings across the city.
"They've basically started the war and we're proposing to end the war," he said. "We will be using every available legislative tool in our armoury to get these guys and get the shootings to stop."
The offence of consorting was first used to break up criminal gangs in the 1920s and 30s, but fell into disuse after police were criticised over its use.
Resurrected by the state government primarily as a weapon against the bikie gxxgs, these powers would now be used against other organised crime gangs, as well as individual repeat offenders, Superintendent Katsogiannis said.
Police would not have to show someone was meeting to plan or carry out a criminal act before charges could be made, just that they "habitually consort" with at least two convicted criminals.
"Any type of legislation if used incorrectly or abused can affect people's civil liberties and we don't want to do that," he said.
The legislation has drawn fierce criticism from the legal establishment. The NSW Bar Association and Law Society have both written to state Attorney-General Greg Smith to protest about it.
Craig Biscoe, a barrister who has represented the alleged members of various outlaw motorcycle gxxgs, said he expected the law to be challenged as part of the alleged Nomads' defence.
"This is a very crude and frightening extension of criminal responsibility," he said. "There will be lawyers jumping on the opportunity to take this all the way to the High Court."
Barrister Wayne Baffsky, who has represented the Hells Angels and the United Motorcycle Council of NSW, said he worried about the potential impact of the new law on civil liberties.
"I'm so scared about where this is going to lead. Sooner or later it's going to be ordinary citizens who are going to be targeted," he said. "My view is that it should be tested (in court)."
Mr Smith yesterday rejected the criticism surrounding the alleged bikies' arrest. "The government is very confident these laws will survive any legal challenge."
http://www.theaustralian.com.au/news/nation/nomads-arrests-test-new-consorting-laws/story-e6frg6nf-1226353372596