news.smh.com.au
AAP
A Hells Angels Motorcycle Club barrister who successfully challenged tough NSW anti-bikie laws says the High Court ruling is a victory for the people of NSW, not just motorcycle gangs.
The High Court ruled on Thursday that Hells Angels have succeeded in their attempt to have NSW's Crimes (Criminal Organisations Control) Act declared invalid.
The law was enacted in April 2009 by former premier Nathan Rees following the death of bikie associate Anthony Zervas during a brawl at Sydney Airport several weeks earlier.
But barrister Wayne Baffsky, acting for prominent Sydney Hells Angels member Derek Wainohu, who brought the High Court challenge, says he believes the law could easily have been applied to other groups.
"We're very, very happy," Mr Baffsky told AAP.
"It's not just for them (Hells Angels), it's for the people of NSW.
"Because the extent of the law was extraordinary.
"It was a frightening act in my opinion that targets two or more people."
Greg Hirst, spokesman for the Brotherhood Christian Motorcycle Club, who helped raise money to fund the legal challenge, also welcomed the ruling.
"Our club is pleased with that result because we believe that the legislation was exceedingly dangerous for the whole of Australian society," he told AAP.
"Our club wholly endorses the importance of governments to address law and order issues, particularly violence, but this is about inappropriate legislation ... that takes away the rights, responsibilities, freedoms of general Australian citizens."
Legal costs have been awarded to the Hells Angels, Mr Baffsky said.
Mr Wainohu launched his legal challenge in July 2010 on behalf of Sydney chapters of the Hells Angels.
Police had filed a request in that same month to have the club declared a criminal organisation.
Mr Wainohu's case hinged on the argument that the law infringed individual liberties and undermined the integrity of the NSW Supreme Court.
The legislation was based on similar laws in South Australia, parts of which were declared unconstitutional in late 2010.
A spokesman for NSW Attorney-General Greg Smith told AAP: "We acknowledge the court's judgment and we'll be examining the verdict."
He declined to comment further.
A Hells Angels Motorcycle Club barrister who successfully challenged tough NSW anti-bikie laws says the High Court ruling is a victory for the people of NSW, not just motorcycle gangs.
The High Court ruled on Thursday that Hells Angels have succeeded in their attempt to have NSW's Crimes (Criminal Organisations Control) Act declared invalid.
The law was enacted in April 2009 by former premier Nathan Rees following the death of bikie associate Anthony Zervas during a brawl at Sydney Airport several weeks earlier.
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Effectively the law allowed Supreme Court judges to outlaw motorcycle gangs, after a request by the police commissioner, and also to ban bikie gang members from associating with one another, with stiff penalties for those who disobeyed the ban.But barrister Wayne Baffsky, acting for prominent Sydney Hells Angels member Derek Wainohu, who brought the High Court challenge, says he believes the law could easily have been applied to other groups.
"We're very, very happy," Mr Baffsky told AAP.
"It's not just for them (Hells Angels), it's for the people of NSW.
"Because the extent of the law was extraordinary.
"It was a frightening act in my opinion that targets two or more people."
Greg Hirst, spokesman for the Brotherhood Christian Motorcycle Club, who helped raise money to fund the legal challenge, also welcomed the ruling.
"Our club is pleased with that result because we believe that the legislation was exceedingly dangerous for the whole of Australian society," he told AAP.
"Our club wholly endorses the importance of governments to address law and order issues, particularly violence, but this is about inappropriate legislation ... that takes away the rights, responsibilities, freedoms of general Australian citizens."
Legal costs have been awarded to the Hells Angels, Mr Baffsky said.
Mr Wainohu launched his legal challenge in July 2010 on behalf of Sydney chapters of the Hells Angels.
Police had filed a request in that same month to have the club declared a criminal organisation.
Mr Wainohu's case hinged on the argument that the law infringed individual liberties and undermined the integrity of the NSW Supreme Court.
The legislation was based on similar laws in South Australia, parts of which were declared unconstitutional in late 2010.
A spokesman for NSW Attorney-General Greg Smith told AAP: "We acknowledge the court's judgment and we'll be examining the verdict."
He declined to comment further.
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