Australia -
THE Finks Motorcycle Club and the Rann Government will go head-to-head over the state's controversial anti-bikie laws in three weeks' time.
The Supreme Court yesterday referred the club's claims - that the aifSerious and Organised Crime (Control) Act 2008 is unconstitutional - to the July 23 sitting of the Full Court.
That court's decision will determine whether police can resume their efforts to curb bikie crime - which they say have "ground to a halt" - or whether all anti-bikie control orders will be cancelled.
It is unlikely, however, to be the final salvo in the war between the Government and the club, with the losing side expected to seek a hearing in the High Court.
Finks members Sandro Peter Totani and Donald "Duck" Hudson claim the Act - which governs the issuing of control orders - is unconstitutional and should be declared invalid.
Eight Finks were subjected to control orders before the Adelaide Magistrates Court stayed their operation, pending the outcome of the challenge.
The court also refused to entertain new control order applications.
On Wednesday, Supreme Court Justice David Bleby warned the club had "shot itself in the foot".
He said its success in having control orders against its members deactivated meant it no longer had anything to oppose.
He said the high profile challenge must be urgently rewritten, or "run the risk" of having the Full Court rule it meaningless.
Today, the court heard the challenge had been re-drafted by the parties, and could therefore proceed to hearing.
AdelaideNow is unable to publish comment on this story for legal reasons.
Disclaimer: The opinions in this article are solely those of the writer, and may not reflect the beliefs of anyone at Outlaw Biker World.
This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
Home
