Court Reporter Sean Fewster
In a legal first, Jamie Malcolm Brown has been banned from associating with three members of the Rebels motorcycle gang. Source: The AdvertiserA FORMER bikie has been cut off from his club by court order.
But the State Government yesterday refused to claim victory in the war with outlaw gangsJamie Malcolm Brown became the first recipient of a control order under section 14(2) of the Serious and Organised Crime (Control) Act (2008).
The Adelaide Magistrates Court ruled his history of violent offending and clear links to still-active gang members warranted restriction of his activities.
However, it refused to ban Brown from licensed venues, finding there was "no clear nexus" between his drinking and his criminal behaviour.
Outside court, Attorney-General John Rau said it was a "step forward" in the government's battle with outlaw motorcycle clubs.
He said he expected the decision would be the subject of an appeal.
"The people who have been attacking this legislation have a very strong financial interest in doing so, and they're not going to just back off if it gets tough," he said.
"They are fighting tooth and nail, and we are going to respond in the same way. This is a good step forward but it is only a step, not the end of the journey."
Section 14(2) of the act targets those who engage "in serious criminal activity and regularly associate with other persons who engage, or have engaged, in serious criminal activity".
Last year, the High Court ruled section 14(1) of the act was unconstitutional. Because it required courts to impose orders upon police request - and without hearing evidence - the court found it undermined judicial independence.
Yesterday, Australian Defence Lawyers Association spokesman Craig Caldicott said section 14(1) was already being challenged in a separate Supreme Court action.
"The question of whether it is constitutionally valid or invalid is still to be tested," he said.
Mr Rau said the Government was in the process of redrafting 14(2).
He said the Act would soon be supported by "a raft" of other anti-bikie initiatives - but refused to outline what form they would take.
"We're going to come at the same problem from some very different angles," he said.
Shadow attorney-general Stephen Wade said the Government had spent 10 years "talking tough" while failing to act.
