By Sean Fewster
In a legal first, Jamie Malcolm Brown has been banned from associating with three members of the Rebels motorcycle gang. Source: The Advertiser
A FORMER bikie has been banned from associating with members of the Rebels Motorcycle Club in a legal first for South Australia.
The Adelaide Magistrates Court this morning agreed that imposing a control order on Jamie Malcolm Brown would "markedly reduce the risk" of "serious criminal activity".The court declined, however, to ban Brown from attending all licenced venues in the state.
Magistrate Kym Millard said there was "no clear nexus" between his drinking and his criminal activity.
Brown is the first person in South Australian legal history to be subject to an order made under section 14(2) of the Serious and Organised Crime (Control) Act (2008).
It targets those who engage "in serious criminal activity and regularly associate with other persons who engage, or have engaged, in serious criminal activity".
In a 6-1 decision, it rejected section 14(1), which required courts to impose control orders upon police requests without hearing any evidence.
The High Court held that undermined judicial independence and forced findings of guilt "based on assumptions".
Two judges went on to label the section "repugnant".
This morning, Mr Millard handed down his decision after hearing several months of evidence.
Police tendered documents outlining Brown's criminal history, including a nine-month jail term for offences of violence.
They also tendered witness statements, DVDs and CCTV footage that allegedly showed more violent conduct.
Finally, they submitted information pertaining to three other alleged Rebels members, with whom they said Brown associated.
Brown opposed the order, saying he had left the club and was now focused on being a "positive role model" for his infant child.
He said he was devoted to both his partner and a gyprocking business, and had significantly reduced his alcohol consumption.
Mr Millard said the evidence showed the need for an order.
"I accept ... there is a long-established risk that while associating with the three named associates there is a significantly heightened risk the defendant will engage in serious criminal activity," he said.
"An order made preventing the defendant from being in personal contact with those persons will markedly reduce the risk of engagement by the defendant in serious criminal activity."
He ordered police to prepare a draft of the desired order and return to court on Thursday.