NSW police enlist law to crush Hells Angels

CANBERRA - New South Wales this week joined the widening legal war against Australian outlaw motorcycle gangs, using sweeping anti-gang legislation for the first time in a bid to crush the Hells Angels.

Police have lodged an application with the State Supreme Court asking for the club to be declared a criminal organisation, a move that could ban the wearing of its colours, prevent members from associating with one another, and exclude them from a range of occupations and industries.

The move follows the passage of laws across Australia to crack down on bike gangs and, if successful, is likely to be repeated against other outlaw clubs accused of involvement in major and organised crime.

Whether the action against the Hells Angels will succeed is another matter.

The introduction of similar laws by most states has been attacked by a broad coalition of lawyers, academics and civil rights activists, and even questioned by such authorities as the Federal Attorney-General's Department, the Law Council of Australia, and the Australian Crime Commission, the nation's organised crime-buster.

The laws have also forged a well-funded legal counterattack by the clubs, which have hired public relations agents, formed a political party and created the United Motorcycle Council, drawing together warring gangs in a front against a common enemy.

South Australia's anti-bikie laws have already failed against a challenge in that state's Supreme Court, and now face a constitutional battle in the High Court, the country's highest legal arbiter.

All states and territories other than Tasmania and the Australian Capital Territory are supporting South Australia in the High Court, with their own legislation under serious threat if the bikies win.

As in South Australia, New South Wales police allege the outlaw clubs are involved in drug trafficking, extortion, murder and similar major crimes, and have lodged confidential intelligence to support claims against the Hells Angels in the State Supreme Court.

"Illegal activity committed by outlaw motorcycle gangs will not be tolerated by the NSW Police Force and as such the Gangs Squad ... and other areas of the force will continue to target all levels of criminal activity," Gangs Squad Commander Detective Superintendent Mal Lanyon said.

Despite doubts cast by the SA High Court challenge, Lanyon said the application to have the Angels declared a criminal organisation under the Crimes (Criminal Organisations Control) Act was a significant move against the bikie gangs.

He said police had prepared a professional and thorough application based on comprehensive investigation, evidence and information gathering.

The act was pushed through the state Parliament in April last year, within 10 days of a terrifying brawl at Sydney Airport the previous month between Angels and rival Comanchero members, in which Hells Angel Anthony Zervas was killed.

Committal proceedings relating to the brawl - 10 Comancheros were charged with murder, and three Angels with affray - also began this week.

Alarm at the alleged public clubbing to death of Zervas saw the new act passed with alacrity, introducing SA-style provisions that allow the use of secret police intelligence that the clubs, their lawyers and their members cannot see.

Judges are not required to disclose any reasons for declaring an organisation as criminal, but can impose control orders banning members from associating with one another and from working in industries ranging from security to motor vehicle repairs.

Breaches of an order can result in two years' jail for a first offence, and five years' for any subsequent offences.

But SA's first bid to use its similar legislation, against Finks members Donald Hudson and Sandro Totani, failed when the State Supreme Court ruled as invalid a section of the law requiring a magistrate's court to make a control order against a person if it is satisfied he or she is a member of a declared criminal organisation.

The SA Government is appealing against the decision in the High Court in a hearing expected to last more than a month, and which could affect laws elsewhere. Several other cases against bikies in the state have already been delayed pending the outcome.