OFF THE WIRE
THE first court hearing of a police bid to have the Gold Coast chapter of the Finks motorcycle club declared a criminal organisation took place behind closed doors this morning.
The absence of Finks bikies, alleged by police to meet under the club banner for the purposes of "engaging in or conspiring to engage in serious criminal activity", belied a heavy police presence at the Supreme Court complex in Brisbane.
The directions hearing before Justice David Boddice came after the late substitution of a key player in the process, the public interest watchdog.
Criminal Organisation Public Interest Monitor Robert Needham was overseas on 11 weeks holiday when Queensland police filed their application on June 1, in the test case of laws that include controversial anti-association provisions.
Last Friday, police successfully applied to have barrister and current Public Interest Monitor Karen Carmody act in Mr Needham's place until he returns to Australia in mid-July.
The COPIM is charged with scrutinising aspects of the application, notably criminal intelligence which would inform the judge's decision but be kept secret from the Finks because it could endanger crime agency informants or jeopardise investigations.
The COPIM will weigh the nature of the club's alleged crimes against the public interest in matters such as the invasion of privacy, and have the power to cross-examine police or witnesses if necessary.
Potts Lawyers, acting for the Finks, have signalled the club will launch a parallel challenge to the validity of the Criminal Organisation Act in the High Court, after successful challenges to similar laws by the Finks in South Australia and the Hells Angels in NSW.
The South Australian government recently copied the Queensland laws in its revived attempt to target bikie clubs.
The application against the Gold Coast Finks alleges members "habitually, both individually and collectively, engage in serious criminal activity" ranging from drug trafficking to violence, extortion, robbery, stalking and deprivation of liberty.
If it succeeds, police will be able to seek control orders against key club figures, who controversially could then face up to five years in jail if they met clubmates or went to clubhouses.
http://www.couriermail.com.au/news/bid-to-outlaw-finks-motorcycle-club-reaches-court-but-bikies-werent-there/story-e6freon6-1226404263143
