Civil libertarians around the country have condemned my new anti-crime gang laws aimed at outlaw bikie gangs. Defence lawyers and pseudo-academics have lined up to tell the public that the bikie gangs are a harmless sub-culture comprised of grandparents who simply like a ride on big bikes.
Following the passing of our most recent law, we’ve seen demonstrations by hundreds of bikies from around the country converging on Adelaide in so-called “Freedom Rides”, an insulting reprise of the civil rights movement in the US.
But for outlaw motorcycle gangs, it’s a different kind of freedom.
It’s the freedom to use illegal firearms. It’s the freedom to assault and intimidate. It’s the freedom to murder and rape, as well as manufacture and peddle drugs around Australia.
Following the “Freedom Ride”, apologists for the bikies said that only Mike Rann and his new law had succeeded in unifying and bringing peace among rival gangs.
No-one with an IQ over 40 believed this. And within days, they were at it again, shooting, bashing and killing each other in full public view.
Defence lawyers around the country are making bucket loads of money from their bikie clients. Lawyers hired by bikies will tell you that my laws won’t work, but crime gangs are desperately worried that other States will follow suit.
So how does the new South Australian law work?
Recently, I briefed the Prime Minister and other Premiers on our new legislation, which allows authorities to proscribe criminal gangs in the same way that Australia “bans” terrorist groups.
The South Australian Police Commissioner can apply to the Attorney-General to “declare” an organisation when evidence proves that members of the group associate for criminal purposes, and are a threat to public safety.
A Magistrate can then make control orders against individuals of a declared organisation, and others who engage in serious criminal activity.
Once issued by the Magistrate, the order can impose restrictions on who the individual contacts, the premises he or she visits, as well as the weapons they may possess.
Within 14 days of the issue of a Control Order, a defendant can apply to the Supreme Court to have it varied or revoked.
However, breach of a control order can lead to a prison term of up to five years.
Senior police officers can issue 72-hour public safety orders, banning individuals or members of a group from going to a public place or event on the grounds of community safety.
A defendant can apply to the Magistrates Court to have a public safety order varied or revoked after an order has been in force for seven days.
A defendant can also appeal against this decision to the Supreme Court.
Recently, our Attorney-General, Michael Atkinson – having received a huge body of evidence from the police – “declared” the Finks Motorcycle Club under the Act as a risk to public safety.
The Attorney-General told the South Australian Parliament that members of the Finks Motorcycle Club were involved in serious and organised crime.
He said Finks members were immersed in criminal activity, including:
• 173 convictions for drug offences;
• 263 property offences;
• numerous shootings;
• more than 160 violent offences;
• rape and sexual assault;
• 137 convictions for firearms and weapons offences;
• more than 40 counts of blackmail;
• many counts of theft, including that of highly-sensitive material.
The first Control Order has now been issued by a Magistrate against a Finks member.
More will follow.
I am sure that the bikies will employ a gaggle of lawyers and QCs to fight our new laws, as well as individual cases.
The same tactic was used to stall the application of our legislation giving powers to the courts to order the removal of fortifications from bikie gang headquarters, where drug-making and other crimes take place.
We have not taken this action lightly, nor are we recklessly indifferent to civil liberties.
Indeed, we will appoint a retired judicial officer to review the use of powers under the Act.
His or her report will be tabled in Parliament.
We are determined that only hardened criminals and groups set up for the purpose of serious crime will need to fear this legislation.
I’m very pleased that New South Wales, following the Sydney Airport killing, has passed similar legislation.
We’re dealing with a form of organised crime that has national and international links.
They are terrorists within.
We do not want safe havens for violent drug dealers anywhere in our nation.
The stakes are too high to raise the white flag to dangerous criminals who believe they have a right to get away with using violence to support the most serious crimes.
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