AUSTRALIA - Challenge already planned

OFF THE WIRE
Nicole Cox
 perthnow.com.au
ANGRY bikies say they will fight the State Government's proposed anti-association laws all the way to the country's highest court.
Gang members and civil libertarians yesterday claimed community rights would be eroded by WA's Criminal Organisations Control Bill, which they branded unfair and undemocratic.
Speaking on behalf of the Rebels Motorcycle Club understood to be the first bikie gang to be targeted if the laws come into force lawyer Michael Tudori said the proposed legislation was more than just "anti-bikie laws".
"All this is going to do is drive all these clubs and associations underground," Mr Tudori said. "We will challenge every single avenue of it. If they try to declare the club a declared group, it will be challenged. Individually, it will be challenged. And those challenges will go all the way to Canberra to the High Court.
"Just because these laws come through, it doesn't mean that's it, let's close up shop. These guys are friends, they are friends beyond the club. Just because the laws come through, it doesn't mean they will stop being friends."
United Motorcycle Council WA spokesman and Coffin Cheater Peter "Fuzzy" Godfree said the legislation would be studied by the group's lawyers.
The council is a coalition of seven WA bikie gangs the Coffin Cheaters, Rebels, Gypsy Jokers, Club Deroes, Outlaws, God's Garbage and the Vietnam Veterans banded together to fight the Bill.
The Comancheros, Finks and Rock Machine are not part of the action.
"The UMC WA welcomes any rule of law that applies to all men equally, no matter what their status, which does not seek to undermine the democratic rights of all its law-abiding citizens under the separation of powers," Mr Godfree said.
He reserved further comment until the council obtained full details of the Bill.
Australian Council for Civil Liberties president Terry O'Gorman said control orders were modelled on terrorism laws and claimed the legislation was nothing more than a "law and order stunt".
"The anti-bikie laws are incredibly repressive . . . while they are badged as bikie laws, in fact they are applicable to the whole community," Mr O'Gorman said.
He said anti-association laws were based on an "obnoxious concept of secret evidence", and existing laws of criminal conspiracy, asset confiscation and WA Criminal Code were more than adequate to deal with any problems posed by bikies.
In November last year, the High Court declared as unconstitutional South Australia's controversial bikie laws banning members from associating.
In the test case, lawyers for two SA members of the Finks motorcycle club argued a section of the legislation undermined the constitutional independence of magistrates.
Similar New South Wales laws have also been successfully challenged in the High Court.
coxn@sundaytimes.newsltd.com.au