Hells Angels challenge bikie laws

A challenge by the Hells Angels Motorcycle Club to the constitutionality of the state's so-called anti-bikie laws has delayed court proceedings in a separate case by police to have the group declared a criminal organisation.
The challenge, in the name of the club's former Sydney president Derek Wainohu was lodged in the High Court yesterday.
But while awaiting progress in the bikies' High Court challenge, a Supreme Court judge will read secret police "criminal intelligence" supporting the police application to have the group declared a criminal organisation.

The material is to be outlined by lawyers for the police in a closed hearing next month.
Lawyers for the Hells Angels have been provided with 17 DVDs of material, but have not been given the intelligence material, which the court will hear in their absence.
An application by media representatives for access to the police's 31-page application - only a fraction of the 30 folders of evidence provided to the Supreme Court - was adjourned after lawyers for the police and the Hells Angels objected.
The police application was laid under laws enacted after a brawl at Sydney Airport in March last year.
The challenge in the High Court argues that the law - the Crimes (Criminal Organisations Control) Act - is invalid because it "undermines the constitutional integrity of the Supreme Court", the court tasked with administering it.
It also argues that the law is "outside the legislative powers" of the State of NSW, and seeks to have the legislation declared invalid.
Hells Angels barrister Mark Robinson told the Supreme Court today he believed the judge was empowered to hear the application "as a manifestation of the executive" arm of government.
The law does not specifically target bikies. Lawyers, civil libertarians and others have warned it could equally be applied to other groups.
The High Court is already considering a challenge regarding similar laws in South Australia, brought by the South Australian government, which is seeking to overturn a Supreme Court decision ruling that state's laws illegal.
The High Court has reserved its decision. The South Australian government was seeking to have the Finks declared illegal in that state.
The NSW laws were introduced after the brawl at Sydney Airport in which a Hells Angels associate, Anthony Zervas, died.
NSW Police lodged its first application under the laws this month. Following a successful declaration against a group, police can then apply to have individual members stopped from associating with each other.
The NSW Director of Public Prosecutions, Nicholas Cowdery, has raised concerns about the law, warning against an erosion of people's rights.
The law allows the judge to hear certain information, such as police intelligence, in closed court and not make that information available to the targeted organisation or its lawyers.
Mr Wainohu did not wish to comment yesterday, but said such a challenge was unprecedented in NSW.
The Supreme Court proceedings were adjourned until September 27.