Bikie gangs form fund to mount High Court challenge
By Colin James | The Adelaide Advertiser (South Australia) | May 22, 2008
http://www.news.com.au/adelaidenow/story/0,22606,23744533-5006301,00.html
MAJOR bikie gangs have formed a fighting fund to mount a High Court challenge against controversial laws aimed at driving them out of the state.
The Hells Angels, Finks, Rebels and Gypsy Jokers have told their lawyers – including several Queen’s Counsel – to join to overturn the laws, passed by State Parliament despite widespread criticism from lawyers and civil libertarians.
The Advertiser has confirmed the gangs have begun raising funds to ensure the country’s best constitutional experts can fight the laws in the High Court of Australia once all other legal avenues have been exhausted.
The bikie gangs also have discussed holding a mass protest by jointly riding hundreds of motorcycles into Victoria Square while State Cabinet is sitting inside the State Administration Building on a Monday morning.
The developments come as the SA Police Crime Gang Task Force prepares to use the Serious and Organised Crime (Control) Bill to directly attack the leadership of the state’s eight bikie gangs, with special attention on such office holders as presidents and treasurers.
Task force officers this week underwent special training on how to enforce the laws, which enable police to obtain restraining orders to stop bikies from associating with each other or anyone with criminal records.
Police Commissioner Mal Hyde can apply to Attorney-General Michael Atkinson to have bikie gangs declared illegal, with courts empowered to issue restraining orders on individual members.
Legal sources yesterday confirmed several bikie gangs had decided to mount a united challenge against the laws, which were modelled on the Federal Government’s anti-terrorism legislation.
Prominent criminal defence lawyer Craig Caldicott said the challenge would be based on a test case to be identified once the laws came into effect in the next few months.
“There are people putting together funds for the purpose of going to the High Court,” he said.
“The laws are draconian and there’s no doubt they’re going to give rise to challenges at all levels inside the court system.”
Mr Caldicott, who represents several well-known bikies, said lawyers were particularly concerned decisions made by magistrates and judges under the laws could not be the subject of judicial review.
David Edwardson QC, one of the top criminal barristers in the state, believed it was “appropriate that bikie gangs ...
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