Post by Deleted on Sept 28, 2009 1:11:30 GMT 10
As I have told some of you in the past we have had a raft of anti bikie laws being past here lately.
The laws make it illegal for members of an "outlawed" organisation to talk to each other.
Well the first state to introduce those laws, South Australia has just suffered a setback.
www.theaustralian.news.com.au/story/0,25197,26123185-12377,00.html
Sometimes the courts do work.
The laws make it illegal for members of an "outlawed" organisation to talk to each other.
Well the first state to introduce those laws, South Australia has just suffered a setback.
SOUTH Australia's anti-bikie laws have been declared invalid by the Supreme Court, casting doubt on similar legislation elsewhere in the nation.
SA was the first state or territory to introduce anti-bikie laws aimed at dismantling the outlaw motorcycle clubs.
SA's legislation empowered police to ask magistrates to place control orders on bikie gang members, effectively banning them from associating with each other.
Eight members of the Finks motorcycle club had control orders imposed on them, but two - Sandro Totani and Donald Hudson - challenged the orders in court, arguing they were unconstitutional.
In a judgment delivered today, the Full Court of the SA Supreme Court declared the control orders, made under section 14 of the Serious and Organised Crime (Control) Act 2008, invalid.
NSW has enacted similar laws while Queensland and Western Australia were set to follow suit.
Justice David Bleby said the majority judgment of the three-member court was made "in the belief and expectation that this case is not stopping here".
A lawyer for the Finks, Craig Caldicott, said similar laws in other states were in doubt as a result of Friday's ruling.
SA was the first state or territory to introduce anti-bikie laws aimed at dismantling the outlaw motorcycle clubs.
SA's legislation empowered police to ask magistrates to place control orders on bikie gang members, effectively banning them from associating with each other.
Eight members of the Finks motorcycle club had control orders imposed on them, but two - Sandro Totani and Donald Hudson - challenged the orders in court, arguing they were unconstitutional.
In a judgment delivered today, the Full Court of the SA Supreme Court declared the control orders, made under section 14 of the Serious and Organised Crime (Control) Act 2008, invalid.
NSW has enacted similar laws while Queensland and Western Australia were set to follow suit.
Justice David Bleby said the majority judgment of the three-member court was made "in the belief and expectation that this case is not stopping here".
A lawyer for the Finks, Craig Caldicott, said similar laws in other states were in doubt as a result of Friday's ruling.
www.theaustralian.news.com.au/story/0,25197,26123185-12377,00.html
Sometimes the courts do work.