Make no mistake, the bikies will
fight police moves to use the Serious and Organised Crime (Control) Act - under
which they can be declared a criminal organisation and rigid association orders
invoked against gang members - with as much zeal, and money, as they can
muster.
The Finks did it in 2009 and won their appeal against sections of the legislation in the Supreme Court. They fought the government’s subsequent appeal to the High Court in 2010 and won that.
Lawyers acting for the gangs have been preparing for police to use the legislation since amendments to rectify the faults identified in the Supreme Court and High Court were proclaimed last June. They were primed and set to challenge the section of the Act that is now being amended - the appointment process of the Judge to hear any application.
While an obscure, technical ground for an appeal may be about to be remedied, no doubt there will still be appeals launched based on the overall philosophy of the Act, that is, targeting an individual’s right to associate with whoever they want.
It is inevitable the government will be questioned over yet another delay in tackling the bikies. But Mr Rau is quite correct in what he is doing. Any steps that can make the legislation appeal proof should be taken before police make their move on the gangs.
There will also be those who question why such action is needed at all. It is no surprise that since The Advertiser revealed in March that police were set to lodge applications to have the Finks, Hells Angels and Rebels declared, there has been almost no bikie related violence. Compare recent months to the preceding period. The mere suggestion the gangs were about to be targeted by police has resulted in the older, wiser players telling the less discliplined members to pull their heads in.
While the government move to amend the bikie laws can be viewed as a pre-emptive strike, the move to amend the Serious and Organised Crime (Unexplained Wealth) Act is overdue. Senior police have been urging change to that legislation for many, many months.
At present when detectives uncover evidence of how a criminal obtained possessions such as a luxury car or property using the proceeds of crime, that evidence cannot be used in any assets seizure action under the Act. The amendment will allow this to happen.
The Advertiser is aware of numerous instances in which detectives have been in this situation. In one case a criminal’s entire business history was found on his laptop, but this evidence could not be used against him.
The use of the unexplained wealth legislation is perhaps the one thing organised, hardcore criminals fear most. It will allow police to seize what motivates them - their dirty money and the expensive toys they have purchased with it.
http://www.perthnow.com.au/news/national/analysis-make-no-mistake-the-bikies-will-fight-raus-laws/story-fnii5yv8-1226674139036
The Finks did it in 2009 and won their appeal against sections of the legislation in the Supreme Court. They fought the government’s subsequent appeal to the High Court in 2010 and won that.
Lawyers acting for the gangs have been preparing for police to use the legislation since amendments to rectify the faults identified in the Supreme Court and High Court were proclaimed last June. They were primed and set to challenge the section of the Act that is now being amended - the appointment process of the Judge to hear any application.
While an obscure, technical ground for an appeal may be about to be remedied, no doubt there will still be appeals launched based on the overall philosophy of the Act, that is, targeting an individual’s right to associate with whoever they want.
It is inevitable the government will be questioned over yet another delay in tackling the bikies. But Mr Rau is quite correct in what he is doing. Any steps that can make the legislation appeal proof should be taken before police make their move on the gangs.
There will also be those who question why such action is needed at all. It is no surprise that since The Advertiser revealed in March that police were set to lodge applications to have the Finks, Hells Angels and Rebels declared, there has been almost no bikie related violence. Compare recent months to the preceding period. The mere suggestion the gangs were about to be targeted by police has resulted in the older, wiser players telling the less discliplined members to pull their heads in.
While the government move to amend the bikie laws can be viewed as a pre-emptive strike, the move to amend the Serious and Organised Crime (Unexplained Wealth) Act is overdue. Senior police have been urging change to that legislation for many, many months.
At present when detectives uncover evidence of how a criminal obtained possessions such as a luxury car or property using the proceeds of crime, that evidence cannot be used in any assets seizure action under the Act. The amendment will allow this to happen.
The Advertiser is aware of numerous instances in which detectives have been in this situation. In one case a criminal’s entire business history was found on his laptop, but this evidence could not be used against him.
The use of the unexplained wealth legislation is perhaps the one thing organised, hardcore criminals fear most. It will allow police to seize what motivates them - their dirty money and the expensive toys they have purchased with it.
http://www.perthnow.com.au/news/national/analysis-make-no-mistake-the-bikies-will-fight-raus-laws/story-fnii5yv8-1226674139036
OFF THE WIRE
To the average punter, Attorney-General John Rau's move to tweak the government's anti-bikie legislation will mean next to nothing.
But to the high-flying silks who will be engaged by the respective gangs to fight its use in the Supreme Court, it could be the difference between winning and losing the appeals that will inevitably follow.
