THE High Court has agreed to consider a bikie gaxxx challenge to the Queensland
law which could deem the club an illegal organisation.
Following escalated bikie-related violence in South-east Queensland earlier this year, the Queensland Police Service moved to have the Finks motorcycle club classified as a criminal organisation.
The club was linked to a double shooting at a busy suburban shopping centre on the Gold Coast in April and a string of tit-for-tat shootings.
In its application to the Supreme Court earlier this year, the QPS alleged Finks' involvement in serious crimes including murder, extortion and rape.
The move outraged the outlaw motorcycle gaxxx, which enlisted defence lawyer Bill Potts to challenge the controversial Criminal Organisation Act 2009.
The matter came before the High Court in Canberra, and in Brisbane via video-link, on Friday.
Barrister for the Finks, Brett Walker SC, argued parts of the criminal organisation law, which could deem a group or club illegal, were unconstitutional.
In his removal application, Mr Walker argued the challenge should be heard by the High Court.
Barrister for Queensland Police Assistant Commissioner Mike Condon, Peter Davis SC, did not oppose the application.
Chief Justice Robert French and Justice Susan Crennan ordered parts two and six of the act be considered on the basis of constitutional validity.
Part two relates to what can constitute a criminal organisation and part six involves criminal organisation intelligence.
The matter was referred to a single Queensland Justice, Susan Kiefel, who will determine the next step.
http://www.frasercoastchronicle.com.au/story/2012/10/05/qps-push-outlaw-bikie-gaxxx-queensland-news/
Following escalated bikie-related violence in South-east Queensland earlier this year, the Queensland Police Service moved to have the Finks motorcycle club classified as a criminal organisation.
The club was linked to a double shooting at a busy suburban shopping centre on the Gold Coast in April and a string of tit-for-tat shootings.
In its application to the Supreme Court earlier this year, the QPS alleged Finks' involvement in serious crimes including murder, extortion and rape.
The move outraged the outlaw motorcycle gaxxx, which enlisted defence lawyer Bill Potts to challenge the controversial Criminal Organisation Act 2009.
The matter came before the High Court in Canberra, and in Brisbane via video-link, on Friday.
Barrister for the Finks, Brett Walker SC, argued parts of the criminal organisation law, which could deem a group or club illegal, were unconstitutional.
In his removal application, Mr Walker argued the challenge should be heard by the High Court.
Barrister for Queensland Police Assistant Commissioner Mike Condon, Peter Davis SC, did not oppose the application.
Chief Justice Robert French and Justice Susan Crennan ordered parts two and six of the act be considered on the basis of constitutional validity.
Part two relates to what can constitute a criminal organisation and part six involves criminal organisation intelligence.
The matter was referred to a single Queensland Justice, Susan Kiefel, who will determine the next step.
http://www.frasercoastchronicle.com.au/story/2012/10/05/qps-push-outlaw-bikie-gaxxx-queensland-news/
