OFF THE WIRE
By Letitia Atkinson
The Sun
Charges against the Filthy Few Motorcycle Club have been dismissed
after police failed to prove the club was a legal entity.
Representatives for the Tauranga chapter appeared in Tauranga
District Court yesterday for a defended hearing on charges for breaching the
Sale of Liquor Act.
A police booze bus was brought to Birch
Avenue as part of the police raid on the Filthy Few Motorcycle Club in
February.
Tauranga Police charged the club with operating unlicensed premises as a
place of resort for alcohol consumption, and operating unlicensed premises.
The club was also accused of having alcohol ready for sale.
The charges were a result of a police raid of the club’s Birch Avenue
premises on February 17 where police seized large quantities of alcohol as
members prepared to host the Metal Mania event at BayPark.
A fridge containing 407 bottles of alcohol was found near the bar inside the
club and a large chiller holding 1698 beer bottles and 576 pre-mix alcohol
drinks was found at the back of the club.
Inspector Karl Wright-St Clair says police believed the alcohol was to be
illegally sold and seized it by executing a search warrant.
The search was led by Detective Sergeant Rob Lemoto who, along with Constable
Cameron Price, gave evidence in court yesterday.
During the defended hearing, Filthy Few’s lawyer Paul Mabey, Q.C argued the
motorcycle club could not be prosecuted as it had not been proven in court as a
legal entity, despite the club being incorporated.
Judge Connell agreed saying that it was the prosecutions job to prove the
club was incorporated.
“This could have been in the form of a certificate or something.
“I am also unable to establish if the alcohol was on the premises for the
purpose of sale, or consumption, as I do not know how many members are in the
club.”
Judge Connell says he had no idea how many members there were in the club,
which made it hard for him to draw an inference on the charges.
“Also the rules of the club, which were provided as evidence, states alcohol
on the premise is a gift from the club, alcohol is not to be brought into the
club rooms and alcohol is not to be sold within the premise.
“This is contrary to the charges before the court.”
On the basis of these rulings and other findings, Judge Connell dismissed the
charges.
In April 2010, police raided the pad and seized $19,000 worth of alcohol,
which was being sold illegally at the club between 2008 and 2009.
Two club members pleaded guilty to charges of unauthorised sale of alcohol
and were fined $2000.
