abc.net.au
http://www.abc.net.au/news/2012-01-30/one-wounded-one-dead-in-sa-bikie-shooting/3801316
South Australian Attorney-General John Rau says tough new anti-association legislation to target bikie gangs will be introduced to State Parliament within weeks.
Mr Rau says the fatal shooting of gang member Giovanni Focarelli and the wounding of his father Vincenzo on Sunday night again show why tough legislation is needed.There was a successful High Court challenge against current laws and Mr Rau says it has taken some time to draft another bill, but it is now ready.
"We need to be very careful about the exact provisions that we put into the Parliament because we don't want to be going down the High Court track again," he said.
"I'm confident that whatever we put into the Parliament will be ultimately litigated by the people that it affects because they've got resources to do so and it's in their interest to do so.
"What we need to ensure is that it doesn't fail the High Court test."
Mr Rau concedes planned legal changes probably would not have prevented Sunday night's fatal shooting at Dry Creek, in the northern suburbs.
"I don't think anybody can say that a rogue individual who is prepared to operate outside the law for reasons that we still don't entirely understand can be prevented in advance by any legislation," he said.
The minister says the Government will legislate to give police more powers to monitor bikie groups and seize their weapons and assets.
Bullet in skull
Vincenzo Focarelli remains in the Royal Adelaide Hospital under police watch, as he recovers from four gunshot wounds. He is to have further surgery on his injuries and has one of the bullets lodged in his skull.He is refusing to give police any information about the slaying of his 22-year-old son Giovanni.
South Australian Police Commissioner Mal Hyde says the number of motorcycle gang members is falling and many are already facing charges.
"When you look at the three groups that are really high profile at the moment - the Comancheros, the Finks and also the Hells Angels - combined there's about 122 members of those groups and 63 are facing charges, so over 50 per cent," he said.
Mr Hyde is keen that courts impose tougher sentences on cases of bikie violence.
But SA's Director of Public Prosecutions Stephen Pallaras disagrees with that view.
"You have to look at it case by case and if it really is a real stand-out poor decision then we have the option of entering an appeal or seeking leave to appeal against a decision and getting it increased but, I must say, I don't know that that is the real problem," he said.
Mr Pallaras says the SA Government should outlaw and disband motorcycle gangs and Mr Rau says the Government has taken that view on board.
"He raised a number of issues which included, from memory, an issue about the actual making illegal of an organisation and membership of an organisation and in principle many of ideas, I think, have merit," Mr Rau said.
"The practicalities of how we actually implement them are things that we have been looking at."
South Australian bikie laws
In May 2008, South Australia passed what then-premier Mike Rann proclaimed as 'the world's toughest anti-bikie laws', with the introduction of the Serious and Organised Crime (Control) Act 2008. The Act came into effect on September 4 2008.Mr Rann cited the following as highlights of the Act:
- Gang members who engage in acts of violence that threaten and intimidate the public will be guilty of serious offences and will find it harder to get bail;
- Police will be able to prohibit members of a bikie gang from attending a place, event or area where this would pose a serious threat to the public;
- The old law of consorting will be replaced with a new law of criminal association that prohibits telephone calls as well as meetings in the flesh;
- Stalking a person with the intention of intimidating a victim, witness, court official, police officer or public servant will become a serious offence;
- It will be easier for police to secure orders to dismantle fortifications protecting gang clubrooms;
- New offences of violent disorder (maximum penalty of 2 years' jail); riot (7 years, 10 years where aggravated); affray (3 years, 5 years where aggravated) and stalking of public officials by outlaw motorcycle gang (OMCG) members (7 years).
- The Attorney-General may declare an organisation an outlaw organisation if satisfied that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and the organisation represents a risk to public safety and order.
- The Attorney-General is not required to provide any grounds or reasons for a declaration or decision, nor is criminal intelligence information provided by the Commissioner of Police to be disclosed.
Information sourced from the Australian Institute of Criminology
Vincenzo Focarelli remains in the Royal Adelaide Hospital under police watch, as he recovers from four gunshot wounds. He is to have further surgery on his injuries and has one of the bullets lodged in his skull.
He is refusing to give police any information about the slaying of his 22-year-old son Giovanni.
South Australian Police Commissioner Mal Hyde says the number of motorcycle gang members is falling and many are already facing charges.
"When you look at the three groups that are really high profile at the moment - the Comancheros, the Finks and also the Hells Angels - combined there's about 122 members of those groups and 63 are facing charges, so over 50 per cent," he said.
Mr Hyde is keen that courts impose tougher sentences on cases of bikie violence.
But SA's Director of Public Prosecutions Stephen Pallaras disagrees with that view.
"You have to look at it case by case and if it really is a real stand-out poor decision then we have the option of entering an appeal or seeking leave to appeal against a decision and getting it increased but, I must say, I don't know that that is the real problem," he said.
Mr Pallaras says the SA Government should outlaw and disband motorcycle gangs and Mr Rau says the Government has taken that view on board.
"He raised a number of issues which included, from memory, an issue about the actual making illegal of an organisation and membership of an organisation and in principle many of ideas, I think, have merit," Mr Rau said.
"The practicalities of how we actually implement them are things that we have been looking at."
Another try
Family First MP Dennis Hood says his party tried without success back in 2008 to prevent SA courts from giving suspended sentences for an offender's second serious offence.Mr Hood plans to reintroduce the legislation in light of the comments from the Police Commissioner on current sentencing.
"If the Government looks at the bill and says it's not really what we want we want to amend it here and there I'm very open to that and I'd look forward to those discussions so we can come up with something that really works," he said.
Law Society president Ralph Bonig is upset Mr Hyde is blaming lenient court sentences for rising bikie violence.
"This is not the first time the Police Commissioner has criticised sentences imposed by our courts. This is nothing more than a populist attack on an easy target, which the statistics show is unjustified," he said.
