Australia - High Court rejects Finks motorcycle club's bid to have Queensland criminal organisation laws declared invalid..

OFF THE WIRE
THE failed High Court bid by outlaw motorcycle club the Finks will boost the state's push for other laws cracking down on the "Mr Bigs of the underworld", according to Attorney-General Jarrod Bleijie.
Mr Bleijie said the failed bid to tear-up the Newman Government's criminal organisation laws gave impetus to new laws targeting unexplained wealth.
"The High Court decision today will essentially mean that Queensland, with the Criminal Organisation Act, the Unexplained Wealth laws we are going to be introducing and mandatory sentencing, Queensland will be the jurisdiction with the toughest laws in Australia with respect to anti-bikie laws," Mr Bleijie said.
"Not only does it allow the government and the police the resources to continue to go after organised crime and bikie (*club*) in Queensland, but it also shows the Federal Government that the state is best placed to deal with these types of legislation and laws," he said.
"So this will really now compliment the government's existing legislation but also future legislation in terms of tackling the 'Mr Bigs' of the underworld, in terms of unexplained wealth laws, serious drug trafficking offences and mandatory sentencing for firearm offences."
This morning's decision is the first time that state laws aimed at criminalising bikie (*club*) have been upheld on constitutional grounds, after the Hells Angels in NSW and Finks in South Australia mounted successful challenges previously.
The decision clears the way for Queensland police to resume their attempt to target members of the Finks Surfers Paradise chapter, whom they allege meet to "engage in and conspire to engage in serious criminal activity", with controversial anti-association orders.
In a judgement handed down today, the High Court found that provisions relating to "criminal intelligence" - which would be kept secret from the Finks in a criminal organisation application - were "not inconsistent with the institutional integrity of the Supreme Court".
The Finks, represented by top silk Bret Walker and Potts lawyers, argued these were invalid because they "denied procedural fairness" and "impair(ed) the institutional integrity of the Supreme Court" in breach of the Constitution.
But the High Court held that "while the provisions may depart from the usual incidents of procedure and judicial process, the Supreme Court nonetheless retains its capacity to act fairly and impartially".
Premier Campbell Newman has hailed the High Court decision upholding Queensland's criminal association laws clearing the way for a possible ban on the Gold Coast chapter of the Finks.
Speaking in Dalby, Mr Newman said he was absolutely delighted with the decision which would elicit a "sigh of relief from all decent men and women across Queensland".
"This means we can protect them against criminal outlaw motorcycle (*club*). I don't believe for a moment they should be romanticised," he said.
"They're involved in drugs and prostitution and all sorts of organised criminal activity that impact in the safety and security of Queenslanders.
"I'm really pleased we've had this decision from the courts."
Mr Newman said the decision would allow his government to get on with the job of sorting out some of the problems with criminal (*club*) activity that had "flourished" in southeast Queensland.
The Premier also took the opportunity to suggest the Crime and Misconduct Commission focus its efforts on organised criminal (*club*).
"We need our crime fighting body on the front line dealing with organised criminal (*club*) like bikie (*club*), putting their effort into that, not being distracted by this issue that's currently before the (Parliamentary Crime and Misconduct) committee," he said referring to the current public hearing into the bungled release and shredding of sensitive files.
The police applied in the Supreme Court last June to have the Finks declared a criminal organisation, which would stop the club from recruiting and open the way to hit members with individual orders preventing them from associating with other members or attending club meetings.
Other members would remain free to wear club colours, maintain a clubhouse and carry out motorcycle runs.
Kerry Munro, a director of Pompano Pty Ltd, a club-related company named by police as a respondent in its bid, declined to comment.
"We're keeping out of it for now," she said.
Her partner and Pompano co-director Dennis Inch was named in the police application as one of 45 of 47 current Finks members who had criminal histories.
Members past and present had in the last 17 years racked up more than 175 years in jail sentences for crimes from murder to drug trafficking, serious assaults, threats, extortion, robbery, stalking, home invasions, kidnapping and weapons offences, police said in court documents.
http://www.couriermail.com.au/news/queensland/high-court-rejects-finks-motorcycle-clubs-bid-to-have-queensland-criminal-organisation-laws-declared-invalid/story-e6freoof-1226597039346