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Wednesday, January 8, 2014

AUSTRALIA - Attorney-General looking at Queensland bikie law for Victoria

OFF THE WIRE
BY: Jane Lee and Rania Spooner
Source: theage.com.au


Australia - State Attorney-General Robert Clark is considering giving Victoria Police powers similar to those used to arrest five Victorian "bikies" during a family holiday in Queensland. Police stopped the five men - alleged to have links to motorcycle gangs - on their way to buy ice-cream on the Gold Coast on Friday and arrested them on Sunday.
The men are now in solitary confinement for 23 hours a day, wearing a pink prison uniform designed especially for prisoners charged under Queensland's controversial anti-association laws.
The men were among the first groups to be charged under the laws, which were criticised as violating civil liberties when they were introduced in October. Advertisement
A spokesman for Mr Clark said the government sought advice from the Department of Justice on whether the reforms were suitable for Victoria soon after they were introduced and was awaiting further advice "in order to see if there are further measures that could be adopted in Victoria".
The government was also monitoring the effectiveness of laws aimed at criminal bikie gangs in all other jurisdictions.
Hugh de Kretser, executive director of the Human Rights Law Centre, said that Victoria should not rush to implement the "flawed Queensland model" in line with Mr Clark's assurance that Victoria's anti-association laws contained carefully framed safeguards when he introduced them into Parliament.
Mr de Kretser said the Queensland laws infringed rights and were "completely over the top" compared with Victoria's laws, which focused on criminal activity, not club membership. They prescribed a "fast-track, blunt process that captures innocent activity, such as having dinner, as opposed to something more targeted towards more serious criminal activity".
His comments came as police said on Tuesday they expected to charge five Victorian members of the Mongols bikie gang after intercepting them in Bridge Road, Richmond. Police said one of the men tried to flee on his bike, running through a red light and smashing into another vehicle.
Police have never tried to use Victoria's anti-association laws to criminalise bikies, blaming the high burden of proof required. The Chief Police Commissioner must apply to the Supreme Court to make a group a "declared organisation".
The court can issue an order banning their activities and association if it is satisfied the group has or is organising, facilitating or supporting criminal activity. Breaches of such orders are criminal.
Queensland's anti-association laws go further, naming 26 different gangs including the Hells Angels, Bandidos, Finks and Mongols as "criminal organisations" and introducing mandatory minimum six-month sentences if participants are knowingly together in a public place.
Queensland police must prove at least three of the five men were associated with such motorbike clubs at the time of their meeting.
They allege that Dario Halolovic, 23, is a nominee of the Comanchero Hallam chapter, that Bane Alajbegovic, 30, is a former member and that Kresimir Basic, 29, is a member of motorcycle club Mayhem. All three deny they are involved in motorcycle clubs