Thursday, February 24, 2011

Australia - Bikies challenge protest fines....

OFF THE WIRE
smh.com.au
Britt Smith
AAP
A bikie who lost a court challenge over a parking fine issued after a Sydney protest against controversial anti-association laws says he will appeal the decision.
Greg Hirst, from the Brotherhood Christian Motorcycle Club, said he also plans to complain to the Police Integrity Commission (PIC) over the evidence of an officer during Monday's hearing at Sydney's Downing Centre Local Court.
The original $84 fine was issued after the peaceful protest at NSW Parliament House in June last year.
Advertisement: Story continues below Members of The Finks, Lone Wolf, God's Squad, Black Uhlans and Hells Angels motorcycle clubs also received tickets.
Mr Hirst claimed police gave permission for the bikies to leave their motorcycles in a no-parking area on Macquarie Street because they were "exercising a democratic right".
But the officer in charge of the scene, Detective Inspector David Maguire, denied the allegation in court.
Outside court, Mr Hirst said there was a "clear dispute between Detective Inspector Maguire and myself as to what discussions transpired at parliament house".
"I believe there needs to be an investigation as to whether his evidence was influenced by superiors from within Strike Force Raptor or from somewhere else within the NSW police department," he told reporters.
He said he had been involved in many political protests over the past 30 years and police usually either allow participants to park illegally or suggest they move on.
Mr Hirst's lawyer Robert Wensley told the court Inspector Maguire "went to Parliament House that morning anxious to avoid trouble, hoping to achieve a peaceful outcome".
He said Inspector Maguire had "made a conscious decision not to give a direction for the people to move the bikes" because he feared confrontation.
However, Magistrate Alex Mijovich on Monday found Mr Hirst had "consciously parked there knowing it was a no-parking zone" and the offence was proven.
"There is no exclusion of a person's liability because it keeps the peace," he said.
"There is no law that absolves a person because a police officer doesn't ask a person to move."
He ordered Mr Hirst to pay $200 plus $79 court costs.
The cases of a further 23 bikies who are also challenging their fines are due to be heard on March 1 at the same court.
But Finks sergeant-at-arms `Ferret' told AAP they were undecided about whether to proceed following the outcome of Mr Hirst's case.
He said the United Motorcycle Council would discuss it at a meeting on Monday night.