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
