OFF THE WIRE
A $200 fine issued to the Filthy Few gxxg for setting up an illegal bar at its headquarters has been slammed as "an absolute outrage'' by the Sensible Sentencing Trust.
The Tauranga motorcycle club was yesterday ordered to pay the fine and forfeit an estimated $3000 worth of alcohol after pleading guilty to using an unlicensed premises as a place of resort for consumption of liquor.
The maximum fine for the offence is $20,000, but the gxxg will pay just $200.
It was also ordered to pay $132.89 in court costs.
Tauranga co-ordinator for Sensible Sentencing Trust Ken Evans called the $200 fine "disgraceful''.
"That's not a fine, that's an absolute outrage.
"What are they going to do to another person who operates a similar thing, who is not in a gxxg?
"What sort of message will that send? What sort of example is that to other people?''
Mr Evans said the disposal of $3000 worth of alcohol should have no bearing on the fine and was "nothing to do with it''.
"The law will have lost another great amount of respect.''
The charge against the club was laid after a public stand-off between the Filthy Few and rival gxxg the Greasy Dogs in February.
While investigating the incident, police searched the gxxg's Birch Ave headquarters in Judea where they saw what appeared to be a bar, prompting a full search under the Sale of Liquor Act 1989. The club as a whole was charged with unlicensed people keeping liquor for sale, keeping liquor on display of sale and using an unlicensed premises as a place of resort for consumption of liquor.
However, the first two charges were dropped following discussions between alcohol harm prevention officer for the Western Bay of Plenty Sergeant Nigel McGlone and the club's lawyer Paul Mabey QC.
The club pleaded guilty to the remaining charge.
Mr Mabey said according to club president Gary (Grub) Keleher, the 66 dozen bottles of alcohol and soft drink found by police at the headquarters were left over from the Metal Mania motorcycle show run by the club at Tauranga Racecourse.
Mr Mabey said rulings relating to the use of an unlicensed premises as a place of resort for consumption of liquor were rare, but the first in a number of years had occurred in Tauranga in May of this year.
Judge Alayne Wills said the fine and forfeiture of the alcohol reflected a need for the club to take responsibility for the offending.
"To ensure the conduct is denounced and a deterrent to this club and others that might consider doing the same sort of thing,'' she said.
Asked for his reaction to the fine, Mr McGlone told the Bay of Plenty Times that the gxxg had "taken a financial hit'' by the loss of their alcohol.
"On the face of it it doesn't seem like much of a fine but we temper that with the fact we are going to be disposing of at least $3000 of alcohol."
http://www.odt.co.nz/news/national/176815/outrage-gangs-sentence