OFF THE WIRE
Motorcycle gangs in Queensland are fighting back against the state's
controversial anti-bikie laws, lodging an application to challenge the
laws in the High Court.
The campaign is being led by barrister Wayne Baffsky, who successfully overturned similar laws in New South Wales in 2011.
Documents
were submitted to the Commonwealth Law Courts building in Brisbane just
hours after the shock resignation of the architect of the laws,
Queensland's solicitor-general Walter Sofronoff QC.
Mr Baffsky
says his team will argue that more than a dozen sections of the new
laws, designed to disrupt the activities of 26 outlaw motorcycle clubs,
are unconstitutional.
"The laws personally offend me," he told 7.30.
"I think they're unnecessary, I think they're unfair and, frankly, I think they're counterproductive."
Hells Angels member Stefan Kuczborski is the public face of the High Court challenge, having volunteered to be the test case.
The
44-year-old tattoo artist, originally from Poland, has a minor criminal
history and will likely lose his job when a strict new licensing system
for Queensland tattoo parlours comes into effect on July 1.
"I want to live in a democracy. I want to live in a free country," he said.
"I've
seen what totalitarianism does. I lived through it when I was young in
Communist Poland. I just don't want to live in a society like that.
"That's
why I think it's important to fight back. We should fight back against
these laws, which prevent someone like me from making a living."
The
reforms were introduced by the State Government following a violent
brawl at a Gold Coast restaurant in September last year, involving
dozens of bikies wearing club colours.
The state's Parliament has
subsequently introduced mandatory jail terms of between 15 and 25 years
for anyone found guilty of gang-related crimes, with the punishment to
be imposed on top of the usual sentence.
It is now an offence for
three or more members of a declared criminal organisation to knowingly
meet in public or to work in certain industries such as tattooing.
Government says laws are working
Queensland's
Attorney-General Jarrod Bleijie says statistics show the anti-bikie
laws are having the desired effect of lowering crime, particularly on
the Gold Coast.
"At the Gold Coast, we've had a 45 per cent
reduction in armed robberies and a 25 per cent reduction in assaults on
individuals," he said.
"That's because these gangs are too scared to go on the streets and, in their own words, they said they owned the streets."
Mr Bleijie says he is not surprised bikie gangs have funded a High Court Challenge.
"I
would fully expect criminal gang members to challenge these laws
because we're breaking their enterprise, we're cutting off their income
stream," he said.
"As we cut the income stream off to criminal
gangs, that means fewer young Queenslanders are going to be taking drugs
and using drugs."
Mr Kuczborski says only a small percentage of motorcycle club members are involved in criminal behaviour.
"I
wouldn't want to trivialise what some people have done, however there
is crime everywhere and there is a criminal justice system to deal with
it," he said.
"I haven't committed those crimes. I shouldn't be punished for it."
Legal team will argue laws breach separation of powers
Mr
Baffsky and his team will argue the tough new mandatory jail terms
imposed on bikies under the laws amount to a breach of the doctrine of
the separation of powers.
He says the Queensland Government is attempting to control the judiciary.
"When
a person gets convicted of a particular offence under the Vicious
Lawless Association Disestablishment (VLAD) Act, that person might only
get a bond or a fine," he said.
"However, it is now imposed upon a judge that he or she must add 15 or 25 years to that offence.
"That is a very serious thing for a judge to do in circumstances where he or she is told they must do it."
Constitutional
law expert Professor Anthony Gray from the University of Southern
Queensland says the High Court is unlikely to overturn the mandatory
sentences.
Professor Gray says just last year, the High Court
cleared the way for the federal government to revive mandatory sentences
for people smugglers.
"I guess the only argument might be that these are so much more serious than the people smuggling laws," he said.
"We're talking about 15 to 25-year minimum mandatory sentences. That is way beyond what the Ccstoms legislation found."
Expert says association laws could be struck down
The
barristers representing the bikies are also hoping to overturn the
anti-association laws which prevent bikies from meeting in large groups.
It
follows the arrests last year of five men with alleged links to outlaw
gangs who met to have a beer at a pub in the Sunshine Coast Hinterland.
Professor Gray believes lawyers have a better chance of convincing the High Court to strike down those reforms.
"The High Court hasn't really developed so far the law on constitutional rights to association," he said.
"This
might be an opportunity to explore in a bit more detail the extent to
which people have or should have the right to associate."
The Queensland Government has promised a review of the laws in three years time, but for now Mr Bleijie remains committed.
"If
the laws are challenged and elements are held invalid, then the
Government will of course go back to the drawing board," he said.
"However, we're not going to give up on behalf of Queenslanders to make sure that we provide the safest streets we can."
Mr Kuczborski's livelihood is at stake so he is refusing to contemplate defeat.
"You don't go into a fight expecting to lose. We're playing to win," he said.
Qld anti-bikie laws include:
Extra powers for CMC
Bikie-only prison at Woodford, north of Brisbane
Mandatory sentences of 15 years for serious crimes committed as part of gang activity, on top of the normal penalty
Club
office bearers will be sentenced to another 10 years in jail, and
parole will only be granted if the offender cooperates with police
Convicted bikies subjected to strict drug tests and searches in prison
No gym facilities or TV access in jail
Phone calls in jail to be monitored, except those relating to legal reps
Inmates' mail opened and censored
Visitor contact restricted to one hour a week
Bikie criminals in other state prisons to be transferred to Woodford
Introducing a licensing regime for tattoo parlours and artists, banning bikie gang members
Motorcycles to be crushed as punishment for certain crimes
http://www.abc.net.au/news/2014-03-19/bikies-lodge-high-court-challenge-against-laws/5332316
