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Friday, December 24, 2010

Australia - Alleged biker bans himself from pubs

Sean Fewster, Court Reporter

  • AN ALLEGED bikie is free to drink at two hotels where he committed assaults, a court has heard.
    Banned from 229 pubs statewide, Jamie Brown yesterday voluntarily banned himself from the Highlander and Seaford hotels after a police application for a control order stalled.
    Lawyers for the alleged Rebel successfully argued the case should wait until after the High Court had ruled on the validity of NSW's version of the legislation. That decision may further impact the embattled SA legislation, dubbed "repugnant" by two judges.
    SA Police had sought a control order banning Brown from all licensed venues, and from associating with three other alleged Rebels. They claimed his behaviour while intoxicated was "intolerable" and dangerous to public safety.
    Dominic Agresta, for Brown, yesterday said there was "no urgency" as his client already was banned from 229 venues. That encompasses all licensed venues from North Adelaide to Victor Harbor, including the city centre and west of the city, including Glenelg and Brighton.

  • Louise Kleinig, for police, confirmed that ban, but said: "There's nothing in the banning order to protect the community at the Highlander and Seaford hotels, where there were incidents that resulted in Brown being convicted of unlawful violence."
    Magistrate Kym Millard said this was "puzzling". "There is no evidence before me to suggest Brown frequents, or has committed offences at, the 229 venues from which he's been banned," he said. "If it's an oversight, so be it. If it's been done deliberately to prompt the court to make a control order, I think I'm entitled to know that."
    Mr Agresta said his client would give undertakings neither to attend the hotels - except for Seaford's restaurant - nor associate with the other alleged bikies while awaiting the High Court's ruling. Mr Millard, saying that was appropriate, adjourned the case to February.