Easyriders Australia SMC Ipswich Chapter

SA Full Court declares Rann's bikie control orders illegal

ANDREW DOWDELL, ADELAIDENOW REPORTER

September 25, 2009 11:35am

THE Rann Government's controversial control orders on outlaw bikie gangs have been declared invalid by the Full Court of the Supreme Court.

In a landmark 2-1 majority judgment this morning, the Full Court ruled Section 14 of the Rann Government's Serious and Organised Crime Act was not a valid law.

The court ordererd that a control order placed on Finks Motorcycle Club member Donald Hudson in May was therefore "void and of no effect".

Justices David Bleby and Trish Kelly ruled the section of the law which prevented named bikies from associating with each other was invalid, while Justice Richard White found the law was valid.

The judgment is a major setback for the Rann Government's efforts to clamp down on outlaw motorcycle gangs.

Full ruling: Read the judgment here

Attorney-General Michael Atkinson said the Government had been right to introduce the legislation and would seek urgent advice from the Solicitor-General as to its next move.

He said the court's decision only affected Section 14.1 of the Act - and police could still use Section 14.2 to obtain control orders against bikies.

"The main difference between sections 14.1 and 14.2 is that police in the latter must prove that the defendant's organisation exists for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and represent a risk to public safety and order," Mr Atkinson said.

Reaction to the ruling

But Mr Hudson's lawyer, Craig Caldicott, said the Full Court judgment was a victory for the "little guy".

"I think it's a great judgment for my clients, we have been vindicated. We have said from day one that section 14 of the Serious and Organised Crime Act is invalid, it's draconian and it's basically un-Australian," Mr Caldicott said.

"(The decision) helps the little guy. This is all about freedom of association, this is all about people choosing to mix or associate with anyone they like."

Justice Bleby said he handed down today's ruling "in the firm expectation that this case is not stopping here".

Mr Caldicott said he also expected the State Government would not accept the ruling.

"They will probably try to rush through legislation to fix it or appeal to the High Court because they certainly won't like this decision, and this government is very quick to act on things it doesn't like," he said.

Family First MLC and former Liberal government police minister Robert Brokenshire said the judgment was "embarrassing" for the Rann Government.

"It is high time that the Premier started to resource the South Australian police properly and keep himself out of the media when it comes to bikies," Mr Brokenshire said.

"What we really need, rather than costly court battles and spin, is greater resourcing into Operation Avatar so that police, at an operational level, can infiltrate and get into the face of bikies on the ground."

Mr Brokenshire said the Rann Government's "media spin" about bikies was "counterproductive and in fact undermines the important work of police in breaking up organised crime".

A small group of outlaw motorcycle club members were in the court for the ruling, including at least one member of the Rebels Motorcycle Club, which was to be the next group to be declared an illegal organisation.

The member of the Rebels said the the Government had failed in its efforts to divide and conquer outlaw motorcycle clubs.

"For sure, it's had really the opposite effect, we meet every Monday to discuss things, we are raising money for the fighting fund for all this, even the Christian clubs, we are all in this together," he said.

United Motorcycle Council of South Australia spokesman Mac Hayes also welcomed the "momentous" ruling.

"These laws were never about motorcycle clubs and their members. They were a disgraceful attempt by the Government and police to trample long-standing legal and civil rights of all citizens," Mr Hayes said.

"No doubt the Rann Government will claim today's decision is a victory for crime. Nothing could be further from the truth.

"The police already have extraordinary powers to fight crime, including the ability to conduct unannounced property searches and phone taps. These laws were about stripping away long-standing rights from all South Australian citizens."

http://www.news.com.au/adelaidenow/story/0,22606,26123052-5006301,00.html