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Friday, August 24, 2012

AUSTRAILIA - Bikies lose bid for secret CMC documents

Two bikies suspected of involvement in a road-rage murder have lost a bid to access documents they believed would help them avoid being hauled before a coercive hearing.
The two NSW-based motorcycle gxxg members were last year issued with notices to appear before Queensland’s Crime and Misconduct Commission in Brisbane.
The CMC, whose witnesses risk jail if they refuse to answer questions, often holds hearings on major crime cases where suspects fail to cooperate with police.
The CMC wants to question the two men, who cannot be named, over their alleged involvement in the shooting death of Omega Rushton, 32.
The father of two died from a stomach wound after being gunned down on the side of the Gold Coast Highway at Burleigh Heads on Australia Day, 2009.
However, the two bikies are fighting to avoid appearing before the CMC, saying the hearing would strip them of their legal rights, including protection against self-incrimination.
Their lawyer, Andrew Boe, appeared before the Supreme Court in Brisbane in June to ask the CMC to hand over documents outlining exactly why they wanted to question the men.
He told the court the documents would help him formulate an argument about the legality of the notices to appear.
In a written judgment published today, Justice Margaret Wilson refused the application.
"Any unfairness to the applicants is, in my view, outweighed by the public interest in non-disclosure of the documents," Justice Wilson said.