Bikie Laws Challenged in Court
Thursday 7 November 2013 @ 11.02 a.m. | Crime
The perpetual growth of anti-bikie laws in Australia is being challenged. In New South Wales, a legal challenge against consorting laws is currently being heard in the state’s Court of Appeal. The challenge is being mounted by lawyers for Nomad bikie boss Sleiman Tajjour and fellow bikie Justin Hawthorne.
Originally, NSW introduced the laws to stop outlawed bikie gang members from associating with each other. The legislation provides that a person who is found consorting with a convicted offender will be held guilty of a criminal offence. Lawyer Simon Joyner says that he will seek for the law to be declared invalid. He argues that the law impinges on the right of freedom of association and the constitutional implied freedom of communication. If this challenge should fail, an ultimate High Court appeal is expected.
The current legal battle against the bikie laws can also be seen in Queensland where a judge’s grant of bail to an alleged bikie member has been challenged by the Queensland Government and the challenge was subsequently frozen. Justice Fryberg was asked to hear an application to review a decision to grant bail to alleged Bandido Jared Kevin Anthony Brown over his alleged involvement in a bikie brawl on the Gold Coast.
The Queensland Government has since lodged an appeal against the order. If the Court of Appeal allows for the removal of the stay, the Crown can immediately lodge bail review in the Brisbane Supreme Court again.
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