onsdag 21 april 2010

SA defends bikie laws in high court

The South Australian government is defending its bikie laws in the High Court, arguing they have safeguards protecting civil liberties and the independence of magistrates.

The SA Supreme Court has ruled invalid an aspect of the laws dealing with control orders preventing certain people associating, after a successful legal challenge from the Finks motorcycle club.

Appealing that decision today, the state's solicitor-general Martin Hinton QC told the full bench of the High Court in Canberra that the laws are fair.

Under South Australia's Serious and Organised Crime Control Act, the attorney-general can ask the police commissioner to seek a control order for members of a group suspected of "supporting or encouraging serious criminal activity".

The Finks argue the government can rely on faulty criminal intelligence to have control orders placed on people, including innocent associates.

Their High Court lawyer Craig Caldicott, speaking to reporters outside the court today, said someone's neighbour could simply report an untested claim about them and that could then make its way onto a criminal intelligence file.
http://www.independentweekly.com.au/news/local/news/general/sa-defends-bikie-laws-in-high-court/1807453.aspx

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