UMC
NSW
Attention All:
NSW Enters Dark Ages
Legal comment by Wayne Baffsky Barrister for UMCNSW
“NSW Police today announced they intend to seek a declaration against the Hells Angels Motorcycle Club (HAMC).
This is the first step in a process under the Crimes (Criminal Organisations Control) Act which culminates in obtaining ‘control orders’ against the individual members.
If Control Orders are obtained then members will be banned permanently from having any contact, of any kind, with each other, even if they are family members and even if they work together as many do. It can also mean that some members will have to resign their jobs or close their businesses and will not be able to support their families.
The United Motorcycle Council of NSW (UMC NSW) has been trying to make the public aware of the many dangers with this piece of legislation. These dangers range from the power of the Attorney-General to appoint judges and then rescind the appointment at any time, to the fact any group of two or more people could be targeted by the Act, to the real problem with the use of so-called criminal intelligence.
The use of criminal intelligence is the most dangerous part of this legislation and other legislation which contains similar provisions. When the Commissioner uses criminal intelligence in the Supreme Court the members of the HAMC and their legal representatives must not be in the court. As they are not in court they will not know what has been said and they will not be able to explain it or contradict it.
As this kind of evidence is often hearsay or hearsay upon hearsay it has no probative value. Most often this kind of evidence is just rumour or innuendo, most often from people with a bone to pick. It is the least probative of any kind of evidence. It allows the police to say absolutely anything they like without any fear of being contradicted and all the HAMC can do is hope the Supreme Court can see through the charade.
The UMC NSW opposes any criminal behaviour and would not support any group if that group were a front for organised crime. However, we will support the HAMC as they oppose this draconian piece of legislation. We will support the HAMC because it is the interests of all the people of NSW not just motorcycle clubs. And we will support the HAMC so ultimately NSW does not enter its own dark age.”
For full details please select the following links.
http://www.smh.com.au/nsw/police-apply-to-ban-hells-angels-20100706-zyje.html
http://news.smh.com.au/breaking-news-national/nsw-police-target-hells-angels-gang-20100706-zyne.html
http://www.dailytelegraph.com.au/news/police-seek-to-outlaw-hells-angels-bikie-gang-under-new-laws/story-e6freuy9-1225888570273
http://www.smh.com.au/nsw/judgment-day-for-bikie-brotherhood-20100704-zvy1.html?autostart=1
For any further information please contact us via our website.
www.umcnsw.org