Saturday, June 4, 2011
AUSTRALIA - Control order handed to former Rebels bikxx Jamie Malcolm Brown
OFF THE WIRE
Jamie Malcolm Brown leaves the Adelaide Magistrates Court after his control order was imposed. Pic: Greg Higgs
FORMER Rebels bikie Jamie Malcolm Brown has received his control order - and asked a court to award him costs.
Lawyers for Brown - the first South Australian to have his associations controlled - made the application today in the Adelaide Magistrates Court.
Dominic Agresta, for Brown, said police should remunerate his client for one part of the long-running case.
"We seek costs because there was some discussion, at one stage, directed toward resolving the matter (out of court)," he said.
"Obviously, that did not happen, and so we seek the costs of that period."
Magistrate Kym Millard said he "wanted written submissions on that".
"I'll adjourn the question of costs to a hearing at a later time," he said.
Mr Millard also formally imposed Brown's control order, which bans him from associating with three alleged members of the Rebels Motorcycle Club.
The court had previously heard Brown severed his ties with the club after the birth of his child.
The order was imposed on the basis of his past criminal conduct, including a violent brawl in southern suburbs hotels three years ago.
It was the first time in state history that an order under section 14(2) of the Serious and Organised Crime (Control) Act (2008) had been successfully imposed.
The validity of section 14(2) has yet to be tested, however, in the Supreme and High Courts.
A challenge against section 14(1) - which required courts to impose control orders without hearing evidence - was successful last year.
The High Court ruled the section was unconstitutional, undermined the rule of law and was "repugnant".
http://www.adelaidenow.com.au/news/south-australia/control-order-handed-to-former-rebels-bikie-jamie-malcolm-brown/story-e6frea83-1226067897319