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PoliceNewsThe Voice of PoliceNSW Police apply to have Hells Angelsdeclared a criminal organisationThe New South Wales Police appliedto the Supreme Court recently to havethe Hells Angels bikie gang declared acriminal organisation.In the first attempt to use the state’scontroversial anti-bikie laws, the declarationof the Hells Angels as an outlawgroup would enable the Police to seekcontrol orders on members, restrictingtheir movements and activities andleaving them facing up to five years injail without having been convicted ofany other criminal offence, according toThe Australian newspaper.Ten days after a March 2009 brawl betweenthe Hells Angels and Comancherosat Sydney airport, which claimedthe life of Hells Angels member AnthonyZervas, 29, the NSW parliamenthurriedly passed the Crimes (CriminalOrganisation Control) Act. The legislation,which is modelled on similarlegislation in South Australia, allowsthe Police Commissioner to ask theSupreme Court to ‘declare’ any organisationwhose members are accused byPolice of criminal activity and regardedas a threat to public safety and order.The declaration can be based on classifiedPolice information. That informationcannot be revealed to the affectedparties or their lawyers.Secret hearingsThe evidence may be heard in secretand the judge does not have to give anyreasons for a declaration. Members ofdeclared organisations can then be subjectto control orders that prevent themassociating with each other and prohibitthem from working in a range of fields,including hotels, security, bookmakingor motor vehicle sales or repairs. Thepenalty for a breach is two years in jail,or five years for a second or subsequentoffence.The move sets the NSW Attorney-Generaland Police on a collision coursewith the state’s Director of Public Prosecutions,Nicholas Cowdery QC, whohas condemned the new OrganisedCrime (Control) Act as a giant leapbackwards for human rights and theseparation of powers. The bikies haveresponded with a public relations campaignof their own, calling the legislation“un-Australian”.The NSW legislation pre-empts a pendingjudgement from the High Court,which is examining the constitutionallegality of South Australia’s Serious andOrganised Crime (Control) Act.Significant stepDetective Superintendent Mal Lanyon,Commander of the NSW Gangs Squadtold The Australian: “This is a significantstep for the NSW Police Force in ourcontinued effort to prevent criminalactivity by outlawing motorcycle gangmembers and to target their criminalenterprises.”Police had evidence of serious criminalactivity “ranging from murder to drugtrafficking” to support their application,according to Mr Lanyon.The new legislation defines an organisationas any group of two or morepeople, not necessarily bikies. They canbe declared if an eligible judge is satisfied,the organisation associates in orderto organise, plan, facilitate, support orencourage serious criminal activity, andposes a risk to public safety and order.50 members would be affectedPolice say the ban would affect approximately50 Hells Angels members. Thereare an estimated 1,600 bikies in NewSouth Wales.The barrister for the United MotorcycleCouncil of NSW, Wayne Baffsky, saidthe use of secret evidence was the mostdangerous part of the legislation.“As this kind of evidence is often hearsayor hearsay upon hearsay, it has noProposal for a Police NationalSquash Tournament in Marchprobative value. It allows the Police tosay absolutely anything they like withoutany fear of being contradicted,” he said.Nicholas Cowdery, the NSW Directorof Public Prosecutions, recently raisedconcerns about the anti-bikie laws. Hesaid he was worried the laws also appliedto groups like unions, religiousgroups and political parties.Right to evidenceA full bench of the South Australian SupremeCourt declared the state law constitutionallyinvalid last September, rulingit destroyed the court’s integrity bymaking it an instrument of the executive,and denied the right of an accusedperson to see the evidence against them.The High Court reserved its decisionon the appeal last month. If, as someconstitutional lawyers expect, the courtrules against the SA legislation, then theNSW law would be vulnerable to beingstruck down on appeal.Attempts to ban the Hells Angels in othercountries have largely ended in failure.The Hells Angels is regarded as oneof the best-organised OMCGs (OutlawMotorcycle Gangs) in the world with‘franchises’ all over the world. The HellsAngels have vast financial resources andcan afford the best legal representationto fight any legislation that is viewed asbeing bad for business.However, NSW Police say they are confidenttheir bid will survive any legalchallenge where others have not.Time will tell.It is proposed that a revamped Police National Squash Tournament be held next March in PalmerstonNorth. It has been a number of years since a tournament was last held.It is proposed to hold this tournament at the Squash Gym, Palmerston North. Experiencedsquash tournament players will already be aware of the excellent facilities provided by theSquash Gym as the largest club and the nation’s premier squash venue. The tournament is opento all Police staff - sworn/non-sworn and depending on the interest indicated, will have gradesto suit all player levels.In order to gauge interest in such a tournament the organisers ask that you express your interestas early as possible by contacting Christine Turner, Palmerston North on extension 65880or by Email: Christine.Turner@police.govt.nzOnce everything is finalised, more information will be posted on the Bully board along with entryforms.322December 2010