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Cops hit with anti-bikie legal bill

Article from: SEAN FEWSTER, COURT REPORTER

July 09, 2009 12:44pm

POLICE Commissioner May Hyde must pay two lawyers who successfully blocked his latest attempt to control the Finks Motorcycle Club.

In another roadblock to SAPOL's anti-bikie efforts, two Adelaide magistrates refused Mr Hyde's push to reactive the controversial orders.

Magistrates Kym Millard and Koula Kossiavelos today noted their decision to stay 10 cases against the Finks, pending a constitutional challenge, had been criticised by the Supreme Court.

However, they found those comments insufficient reason to change their minds.

Ms Kossiavelos further ordered the Commissioner pay the costs of Craig Caldicott and Sam Doyle, for the Finks.

The Full Court of the Supreme Court will this month hear a challenge, filed by two Finks members, claiming the Serious and Organised Crime (Control) Act 2008 is unconstitutional.

Last month, both Ms Kossiavelos and Mr Millard adjourned separate control order application hearings until that challenge had been decided.

Their stance was criticised by Supreme Court Justice David Bleby during argument about the challenge in June.

"One has to assume the law is valid until it is declared invalid," he said at the time.

"Whatever one might think about the merits of the law, it's not for judges or magistrates to enter into that field."

Today Debbie DePalma, for the Commissioner, said Justice Bleby's comments proved the cases should go ahead "as soon as possible".

She warned evidence against the Finks would "go stale" if not presented to the court immediately.

Mr Doyle, for the Finks, said the application was "unnecessary and misconceived".

Mr Millard and Ms Kossiavelos agreed.

"Of course the laws are valid until they are determined to be otherwise," Ms Kossiavelos said.

"But right now there is a constitutional argument, and it is most appropriate these matters go to the Full Court first and follow the normal path."

The hearings were adjourned until July 31.

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