Every now and then the legal profession loses the plot in their bid to muster an adequate defence for those whose actions are indefensible.

Just your average charitable citizen

A recent example was a solicitor outside the Brisbane Magistrates Court who said the outlaw motorcycle gang, the dreaded Finks were like “Rotary but with tattoos”.

What made the comment more parlous was that the comment was made at that time of the year when Rotary Clubs run their ‘pride of workmanship’ awards ceremony where hard working unsung heroes of the workplace are honoured.

Surprisingly I didn’t see the Finks honouring everyday Australians for their hard work, decency and commitment to service and excellence. The Finks were too busy in court defending firearm, drug trafficking, failing to assist authorities and numerous other charges.

If all a defence Solicitor has is a crass analogy, may I suggest the accused have little hope, because comparing Rotary to the Finks could not produce a more stark comparison.

With more than 1.2 million members in 33,000 clubs worldwide Rotary is the oldest, largest and one of the most respected service organisations in the world. With a view of service before self, Rotary seeks to make a positive and lasting difference in the world in which we live.

Rotary runs hundreds of programs throughout the world and there is no finer example than PolioPlus.

Polio was the world’s greatest cause of disability. In 1985 there were 350,000 polio cases in 125 countries with little hope for every eradicating this dreadful disease that predominantly strikes children in developing countries. It was in that year that Rotary cast a vision for a different future for the world’s children.

Rotary has so far contributed over US$800m to eradicating Polio including individual Rotarians joining with communities to vaccinate 100 million children in India in one day as part of this incredible program. The Bill and Melinda Gates foundation has recently pledged another US$355m with Rotary providing additional funding of US$200m to finish the work.

Today there are only four endemic countries left and a world with no polio is tantalizingly close. Rotary is achieving the miracle that the World Health Organisation was not able to do.

Let’s now compare Rotary with the Finks, an outlaw motorcycle club, who compete with other clubs such as the Coffin Cheaters, Hells Angels and the Rebels.

Experts speaking through ‘A Current Affair’ in Western Australia warn that as well as the usual business of drugs and firearms, the Finks bring with them an expertise in extortion.

Superintendent Des Bray, from the South Australian Police backs up this assertion indicating the Finks take over debts, demand more and more money and accompany this with threats of extreme violence, or worse.

The Queensland Crime and Misconduct Commission has recently described the Finks as the most dangerous gang in the state.

It is not difficult to see why professionals in three Australian States hold such views considering that at a kick-boxing match in 2006, amid a crowd of 1800 people, three people were shot and two stabbed in a Finks payback because a member defected and sat with a rival gang the Hells Angels.

It was due to this and many other assaults, violent crimes and other criminal activities that multiple State jurisdictions are enacting sweeping legislative changes to make even associating with outlaw motorcycle gangs such as the Finks unlawful. Draconian the legislation may be, though this needs to be viewed through the lens of the problem being solved.

So is the solicitor correct, that the outlaw motorcycle gang, the Finks are just like “Rotary but with tattoos”? I think it is an understatement to suggest he is so far off track it is not funny.

The solicitor’s comments demean one of the finest service organisations in the world today. An organisation that seeks to serve, not be served; that seeks to build up, not to tear down and seeks to heal and provide hope not to hurt and to harm.

The solicitor would do well to apologise to over 65,000 Rotarians in Australian who he has slurred through his outrageous and nonsensical claims. He would do even better to join a local Rotary project at a school, park or community centre and see the extraordinary difference ordinary Rotarians make.

Maybe he could travel overseas and put a drop into a desperate child’s eye that will ensure they never contract the debilitating polio illness. At the very least perhaps he could donate some of the fees the Finks are paying to him and help eradicate Polio, as drops only costs 60 cents.

17 comments

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    • DWest says:

      06:05am | 24/11/09

      Hope you are this tough - or tough enough - to take on our food and petrol cartels -that weekly fleece families and pensioners too? Action speaks louder than words. You sound like you are recycling Mike Rann bikie hysteria. But this isn’t about justice, is it Stuart? (Do you want us to surrender some of our civil rights for your war on bikies too?) It’s about running a lazy witchhunt and scoring cheap media points.

    • Dean says:

      07:28am | 24/11/09

      “My Client is innocent”
      Lets be fair dinkum - many of the law profession believe that getting their client off is what justice is all about. 
      They will say and do whatever it takes to achieve this goal.  Of course they hide behind the notion that they are following instructions.  So if they believe that these blokes are not really accused of the crimes they undoubtedly commit - they find it easy to believe (or pretend to) what ever their clients tell them.
      But not in the interest of justice - in the interest of their very very deep pockets.

    • iansand says:

      07:44am | 24/11/09

      Actually, Dean, it is the interests of their clients.  Think of a lawyer as a mouth for hire and things will be a lot clearer.

    • T.Chong says:

      08:38am | 24/11/09

      Yeah Dean,why have a judicial system at all?
      “undoubtely commit” do they? You must know something, or are you just guessing?
      The court system exists to protect everyone from being unfairly being branded guilty or otherwise, from those who “undoubedly” know.
      Coppers never do wrong, do they? So if coppers charge someone they MUST be guilty?
      Would you like this rational applied to you, should you ever
      be brought before the courts? or would you be innocent till PROVEN otherwise?

    • paul says:

      09:24am | 24/11/09

      I nominate Mr Roberts for this weeks, ‘The Nathan Rees Mouse Roarer’ award.

    • Jay says:

      10:21am | 24/11/09

      Dean, do you personally know any criminal lawyers? No, I didn’t think so.

      As iansand says above, the lawyer is a mouth for hire and does what is instructed by the client and then, in the spirit of the Rotary awards mentioned above, does the best job they are capable of.

      If you would prefer that lawyers started making their own assumptions about their clients and providing a standard of work that meets their expectations of how guilty the client is?

      The vast majority of criminal cases in Australia start witha guilty plea, one of the great unreported facts about law and order in this country. Its pretty hard to get a guy “off” if he pleads guilty.

    • Bethany says:

      11:13am | 24/11/09

      When an ex-army officer and dyed-in-the-wool right-wing Liberal Rotarian like Stuart Robert describes this legislation as ‘draconian’, it should give us all pause for thought.

    • Grumpy says:

      11:17am | 24/11/09

      @Dean says ” Lets be fair dinkum - many of the law profession believe that getting their client off is what justice is all about. “

      Maybe a bit of law study for you. Its not what justice is all about, but our justice system is rivalrous and based on the notion that (by the time a case has come to court) sitting at one table is a person trying very hard to secure a conviction and, at the other table, a person trying very hard to get an aquittal.

      It is, plain and simple, not the job of a defence lawyer to decide whether or not their client ‘dunnit’. Thats what the jury is for (or Judge oif there sis’t a jury)

      Maybe you think this is a problem and that lawyers shoud play jury as well, fair enough you are entitled to your opinion. Bear inmind though that most of the world’s legal systems are more or less the same in this respect and the system we have is as good as if not better than any alternative anywhere else in the world as far as I can see.

    • Tony says:

      11:30am | 24/11/09

      As a former Rotarian and Apexian I do find the comparison amusing and the typical product of a fairly desperate lawyer. On the serious side though, as a motorcyclist I find the legislation deeply troubling - while I am certain that there are a lot of criminals there, the type of legislation being encouraged could be used against any organisation if needed. It could even be used against Rotary.

      It’s certainly managed to make non 1% clubs like Ulysses (the geriatrics motorcycle club) - many of whose members are also Rotarians by the way - appear rather less than human in some eyes.

      I know of occasions where riders have been abused or refused service beacuse of the “bikie” hysteria encouraged by second rate politicians and media. A lot of work has been put in to get rid of the stigma attached to motorcylists caused by this hysteria over the years. This sort of article that foams at the mouth over an obviously risible comment does not help one bit.

    • stephen says:

      11:48am | 24/11/09

      Bikies are angels. They got a girl I know off drugs, and now she only smokes cigarettes,(leaning against a wall.)

    • DWest says:

      12:07pm | 24/11/09

      Stuart, senior police have stated publically that 8 billion dollars is leaving the country in drug money from a range of organisations annually. The police also seem to infer that there is a lack of will amongst our politicians to tackle the big issues. I suggest you are punching under your weight. @paul I second the nomination for Stuart’s: Rees-The-Mouse-that-Roars Award!

    • H of SA says:

      12:31pm | 24/11/09

      Congratulations about the work with Polio - always nice to hear a good news story.

      Also the gang name “Coffin Cheaters” amuses me greatly, you would have thought they could understand the concept of ageing…...or do they mean their running a dodgy funeral business? Embarrasing for them

    • Crash says:

      01:55pm | 24/11/09

      Did you seriously quote an A Current Affair “story” as a source?  That’s actually a step lower than ‘Some guy in the pub said…’

    • Grumpy says:

      03:01pm | 24/11/09

      @ Crash - what if it was “some guy in the pub told me that he’d heard on A Current Affair”...?

      Even better given the muck rake in SA in the last few days would be “some guy in the pub told me that he’d heard on Today Tonight”...

    • acker says:

      06:54pm | 24/11/09

      I’ve never lived the life of an Angel, and I have done some stupid in life.

      But I have never had anyone from a 1% Motor Cycle Club or the Finks ever hassle me.

      I’m sure they are not Angel’s but for the most part I think any criminal activity they undertake is probably with people who are already criminals.

      I have never heard of the Finks or other 1% Motor Cycle Clubs

      *Ripping off elderly pensioners
      *Fooling around with children
      *Being overtly racist
      *Stealing from the poor
      *Embezzling

      Yet I continue to see a lot of according to the courts supposed people of honorable integrity, often getting off the above crimes with some fairly flimsy excuses often the best results according to the amount of money they can spend on a barrister or legal defense.

      These people might not be Rotarians, Lions, Apex, etc…but they at the same time they do not prey on the most vulnerable in our community.

      But they are often also charitable… IMHO they are doing their own thing and not realy stepping on any of general society’s toes.

      P.S ..I notice lately “The Finks” are getting a bit media savvy.

    • give me a break says:

      09:09am | 25/11/09

      @ acker - “These people ... do not prey on the most vulnerable in our community.”

      what garbage!!

      Okay, they don’t seem to do the things you list and I agree that if you mind your own business the bikies themselves pretty much let you alone, but thats not the half of it.

      While they may notg around the place stealing urses and starting fights with innocen bystanders, they sell drugs. Okay, I don’t have personal experience, butI don’t doubt they are back there somewhere. Who buys these? I’m not going to say that everyone who partakes is helpless and lying in te street, but certainly some could be described as being just a bit vulnerable, certainly after they have started using.

      Ifthats not enough, they run prostitution (again, no first hand experience, but do we doubt it?). Again, some pretty vulnerable people are being preyedon in that game, more on the working side than the customers. In lots of cases they are led/trapped intotheir vulneraility by the drugs mentioned above.

      Yes, they are getting media savy and I thik you are beleving the hype

    • acker says:

      08:46am | 26/11/09

      @give me a break - wake up and smell the manure you are in the midst of

      I doubt bankers, real estate agents and insurance companies that can distintcly say they are not praying on the vulnerable in the community any more than the Finks and other 1% MC’s.

      And like the above industries they probably also follow a code of ethics, just different ethics, but still a code of ethics

 

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