First they came for the Socialists, and I did not speak out– Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out– Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out– Because I was not a Jew. Then they came for me–and there was no one left to speak for me. Martin Niemöller, a prominent Protestant pastor who opposed the Nazi regime.

Remind You of Something? – ConspiracyOz

Bad grammar in Newman Government anti-gang legislation creates loophole for bikies to get out of toughened bail conditions

THE Newman Government will rewrite its anti-gang laws after the Supreme Court judge found a serious grammatical error created a loophole for bikies to sidestep toughened bail conditions.

Attorney-General Jarrod Bleijie last night said “if our laws need amending, we’ll amend them” after the flaw was exposed in a bail hearing for a trio of Hells Angels

who skirted the laws after quitting the club as the legislation was being drafted.

The laws apply only to “a person (who) is a participant” of outlaw gangs, not “was”, meaning bikies who hand in their club colours can avoid being prosecuted under them.

Justice Margaret Wilson found the laws read on its “plain grammatical meaning”, dictated that accused drug traffickers Bruno and Nuno Da Silva and Michael Kenneth Spence were no longer

“participants in a criminal organisation”.

Despite the trio being members of the Hells Angels – now deemed a criminal organisation by law – for most of the time they were involved in an alleged multi-million dollar drug ring,

their resignations from the club meant they did not have to “show cause” to be released.

Police raid Hell’s Angels’ East Brisbane clubhouse

Police carry out a raid at an East Brisbane Hell’s Angels Criminal Motorcycle Gang clubhouse on 22 October. Courtesy: Queensland Police

Tougher bail conditions for criminal gang members are a key plank of the hastily-drafted Vicious Lawless Association Disestablishment act, which has already been back to parliament twice for amendments.

Justice Wilson criticised the wording of the laws, suggesting they were not clear on whether the reverse onus of proof for bail should apply to former bikies even if they had left a club long ago.

“Maybe the problem is if the legislature wanted to capture people (who were past members), they haven’t done it very well,” she said.

Mr Bleijie said it would be inappropriate to comment on the case but “if our laws need amending, we’ll amend them”.

“The criminal motorcycle gangs will try anything to try to get around our tough new laws and we will adapt the legislation accordingly,” he said.

“We put these laws in place to protect the community.”

Justice Wilson criticised the framing of the laws by Parliament, suggesting it was not clear whether the reverse onus of proof for bail should apply to bikies even if they had long ago left a club.

On Friday she ruled the trio had to be “participants in a criminal organisation” at the time of applying for bail to be forced to show why they should be released from custody.

War on bikies

The tally of bikie gang members getting caught in the legal net is growing

She rejected the argument by prosecutor Todd Fuller QC that the new laws should apply, for example, even to an ex-bikie who had “cut all ties 15 years ago” from an outlaw motorcycle gang.

Mr Fuller argued an ex-bikie should have to prove he had cut ties with a group that “supported and encouraged participation in serious crime” and was no risk to the community.

But defence lawyers for the three former Hells Angels argued the laws spelled out an accused must be a present member of a criminal organisation for the new laws to apply.

Barrister Peter Callaghan, for the Da Silvas, said “By no amount of torturing can the word ‘is’ arrive at ‘was'”.

Ironically, Justice Wilson found it was police surveillance that proved the trio’s departure from the Hells Angels – now declared a criminal organisation by Parliament – was genuine.

This included evidence of them returning their “colours” to the club interstate and the melting down of gold jewellery with Hells Angels imagery.

Bikies driven out of other industries

Bikie gang members could be banned from several industries under a Queensland government crackdown.

Posted on November 12, 2013, in ConspiracyOz Posts. Bookmark the permalink. 1 Comment.

  1. Next will be, let me see, oh that’s right “free thinking” protesting types like me……..
    I would rather die a free man


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