SA GOVT TARGETING BIKIE CRIME

The South Australian government concedes courts and police will be placed under greater strain by an overhaul of laws designed to disrupt bikie gangs.

The government flagged law changes which Premier Mike Rann said were "aimed at trapping these thugs at every turn".

The proposed changes included giving courts power to control who bikie gang members associated with, and where.

The changes also include a presumption against bail for bikies charged with violent offences, confiscating unexplained wealth of gang members and expanding aiding and abetting offences based on commonwealth anti-terrorism laws.

Mr Rann said the changes were needed "in order to not only to lock up bikie members but also to try and disrupt their activities".

He said the changes were the most comprehensive laws to combat bikie gangs in Australia and would be "bullet-proof" to avoid legal wrangles.

But SA Police Commissioner Mal Hyde conceded bikie gangs would challenge the proposed laws.

"The ability of the legal profession and the criminal community to be creative in exploiting the law is legendary and so I expect that will continue," Mr Hyde said.

"There won't be one silver bullet.

"There won't be one law that is going to solve the whole problem, it's a matter of tightening up on all of the areas."

Police Minister Paul Holloway said police and courts would be placed under pressure by the proposed laws, to be introduced to state parliament over the next 18 months.

"It won't just be police, it will obviously have some pressure on the legal system as well," Mr Holloway said.

"These groups aren't just going throw up their hands and say 'oh look, it's all too tough, we are giving up'.

"These groups will always look to get around whatever laws we put up and that is why we have to just keep ahead of the game.

"We have to keep closing every loophole because they are well resourced, they will use every avenue from the top lawyers downwards to try and avoid scrutiny.

"In terms of resources, we are determined that we will win this fight but it will be long and hard."

Authorities believed there were about 250 members of eight outlaw bikie gangs in SA, and about 4,000 gang members nationally.

Attorney-General Michael Atkinson said the most important element of the changes was "breathing new life into the anti-consorting laws to get orders that biker gang members can't any longer associate with one another".

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PROPOSED NEW LAWS

Thursday, 05 July 2007
The South Australian Government has unveiled a raft of proposed laws intended to disrupt alleged criminal activity associated with outlaw motorcycle clubs.

The unprecedented laws include a coercive investigative power, safety orders that would ban clubs from certain events and ways to make it harder for bikers to get bail when charged with serious offences.

Bikers would have unexplained wealth confiscated, be banned from wearing club insignia and offences they commit would attract harsher penalties.

SA Police Commissioner Mal Hyde says laws banning bikers from associating in public will prevent violence between rival clubs.

"These sort of orders could be useful in terms of where police would be able to say that the chance of violence is pretty high at a certain place because of the intelligence and the information we have received," he said.
"We could then take action to prevent the violence from occurring."

SA Premier Mike Rann says every effort will be made to ensure that the proposed laws cannot be legally challenged.
He expects the changes to be phased in over the next 18 months.

"What we're looking at in terms of a range of changes to the criminal law is ways in which we can actually disrupt the organisational activities of of bikie gangs, who in my view are just another form of organised crime," the Premier said.

Under the changes:

COURTS will be given powers to control with whom club members can associate and where clubs can go.

MORE effective laws ro stop bikers intimidating and threatening violence.

ISSUING Public Safety Orders to ban clubs from specified places.

BANS on wearing club insignia and 'colours' where public safety is at risk.

AMENDING the Controlled substances Act to deal with possession of precursor chemicals and specialist equipment in "bikie drug labs".

PROHIBITING possession of certain kinds of hydroponic equipment such as high intensity lights and carbon filters.

CONFISCATING unexplained wealth of club members.

INTODUCING special coercive investigative powers.

EXPANDING aiding and abetting offences based on Commonwealthj terror laws.

A NEW offence of intimidating a criminal justice official or an official's family member.

AGGRAVATED penalties for offences committed by outlaw club members.

INTRODUCE a presumption against bail for outlaw club members charged with serious or violent offences and breaches of control orders.
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BAN FROM PUBS/CLUBS AND CASINO


   
Thursday, 21 June 2007
The South Australian state government will act to stop outlaw motorcycle clubs from laundering money at Adelaide's casino, it announced today.

South Australian Police Minister Paul Holloway made the money laundering admission at a press conference today to announce extra police powers to ban outlaw motorcycle club members from clubs and pubs.
Under the new powers, police will be able to bar people from pubs and clubs before any offence occurs if  officers believe they pose a threat to safety of other patrons.

"Outlaw motorcycle gangs are a principal part of organised crime," he said.
"These outlaw motorcycle gangs aren't just people who go around in leather jackets and ride Harley Davidsons.
 "Many of the principals of these particular gangs are involved in significant outlaw crime.
"We know bikie gangs are extending their networks.
"Money laundering is an issue involving outlaw motorcycle gangs. They do make money and look for ways to launder it.
"The Casino just washes criminal cash - there are a number of ways for people to do it and gambling is a traditional way that organised crime and other criminal figures wash their money."

He could not answer if meetings had been held with Casino management and referred inquiries to Gambling Minister Paul Caica.
But Mr Caica yesterday said:  "Any discussions about the potential for money laundering would be a matter for the police."
Sky Casino representatives said they weren't aware of any such problems and hadn't officially been approached.
 Mr Holloway said the new powers to ban patrons would reinforce a recent decision by Licensing Court Judge Rice, who determined that membership of a known outlaw motorcycle club was reasonable grounds for a banning order.

Amendments would allow the Police Commissioner to provide information to licensees, such as photos of people who have been barred from certain premises.

SA police had had considerable success in reducing serious assaults in licensed premises when barring orders had been served on outlaw motorcycle club members and associates.

Consumer Affairs Minister Jennifer Rankine said the proposed amendments were a significant step towards ensuring a safer environment not only for thousands of pub and nightclub patrons, but also staff who worked at the venues.

In a  recent SAPOL operation, officers had served 65 barring orders to outlaw motorcycle gang members and associates in relation to premises including Savvy, Tonic, HQ, Vodka Bar, Grand Hotel, Raptures, London Tavern and the Alma Hotel.

Opposition police spokesman David Ridgway supports the changes but says the onus on applying the law remains with licensees.
"It would still be the operators on the ground that are actually going to have to enforce it and it doesn't strike at the heart of the problem which is the outlaw motorcycle gangs," he said



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ELITE UNIT TO FIGHT GANGS



South Australian police are considering a major revamp of the way gang crime is tackled in South Australia

The creation of a specialist Crime Gang Task Force is being examined by senior officers to spearhead a renewed crackdown against gangs.
The unit would police all gang activity and crime committed by street gangs, hoods, organised ethnic criminal groups and outlaw motorcycle clubs.

The move is being examined as police prepare for the introduction of far-reaching legislation aimed at smashing outlaw bike clubs – and to counter the growth of street gangs.

Assistant Commissioner (Crime) Tony Harrison said yesterday police were considering the move to stay "on the front foot" as the growth of gangs continued.

"We are trying to read the environment out there and responding and adjusting our approach in a proactive way, rather than having to respond because we find ourselves in some sort of crisis," he said.

"We need to get very much on the front foot and be proactive about staying ahead in policing not just motorcycle gangs, but gangs generally."

Police have boosted the Avatar anti-bikie section by 13 officers as part of preparation for the new gang laws, taking its strength to 33.

Mr Harrison said if the Crime Gang Task Force proceeded, the size of Avatar, which would be absorbed into the new unit, would double – making it the largest within SAPOL.

An resource impact assessment was being conducted to determine the make-up of the task force and its effect on manpower levels.

The assessment is examining if forensic accountants, lawyers and other support staff should be deployed to the task force in addition to police. When completed, a decision would be made on whether the State Government would be asked for more resources.

Mr Harrison said the new approach was needed because police had evidence motorcycle clubs were in a "deliberate recruiting campaign" directed at street gangs.

"Certainly we have seen this deliberate targeting and recruitment through the street gangs, to seeing them advance to prospects and nominees and then full members of outlaw motorcycle gangs," he said.

He declined to name any of the street gangs, but the most prominent is known to be the FYC.

The most recent example of alleged FYC involvement with bike clubs came in the Tonic city nightclub incident on June 2, where four Rebels members were shot.

Mr Harrison confirmed several of the persons of interest in that incident "are linked to these so-called street gangs". LOcal media claim they are key members of FYC who are aligned with the Finks.

He said there were "four or five" street groups which could be considered as organised in their activities.

"I think it is fair to say we have seen an increase in the number of street-type gangs and the number of their membership," he said.

"We are firmly of the belief that OMCG's are deliberately building relationships with street gangs as a means of targeting and marketing recruitment into motorcycle gangs. And there is evidence that members of the street gangs are participating in criminal activities alongside OMCG members."

Mr Harrison said the proposed Crime Gang Task Force would have not just OMCGs in its focus, but ensure their "tentacles were cut off" as they reached out to recruit street gang members.

The first of the new anti-biker laws, which include anti-association orders, orders banning club members from specific locations and expanded confiscation of assets powers, is expected to be introduced into State Parliament in September.

Avatar officer-in-charge Detective Inspector Damian Powell and another senior detective are now working closely with officers in the Attorney-General's Department to develop the legislation.

"We are supportive and integral to the development of the new legislation package," Mr Harrison said.

"We are going to get significant legislative reform put in place that isn't just going to be OMCG-related, it is going to be applicable to other gangs, as well.

"So we need to consider whether the timing is right for us to move from a more specific OMCG focus to a Crime Gang Task Force focus."