Finks MC
BY: Josh Robertson, Robyn IronsideSource: heraldsun.com.au
Australia - ~High Court rejects Finks motorcycle club's bid to
have Queensland criminal organisation laws declared invalid~
THE High Court has rejected a bid by the Finks outlaw motorcycle club to have
Queensland's criminal organisation laws declared invalid.
It is the first time that state laws aimed at criminalising bikie gangs 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". Access all Areas. $1 for the first 28 days. Only $2.95 a week thereafter. Learn more.
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 gangs. 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 gang 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 gangs.
"We need our crime fighting body on the front line dealing with organised criminal gangs like bikie gangs, 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.
It is the first time that state laws aimed at criminalising bikie gangs 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". Access all Areas. $1 for the first 28 days. Only $2.95 a week thereafter. Learn more.
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 gangs. 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 gang 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 gangs.
"We need our crime fighting body on the front line dealing with organised criminal gangs like bikie gangs, 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.
