June 23, 2011

In the news

The High Court has ruled New South Wales laws targeting outlaw motorcycle gangs are invalid, in a decision that also has possible implications for bikie laws in South Australia. The court this morning ruled in favour of Sydney-based Hells Angels bikie club member Derek James Wainohu.

The laws were introduced by the former Labor government soon after a fatal brawl between members of the Comancheros and Hells Angels at Sydney Airport in March 2009. Under the Criminal Organisation Control bill, bikie clubs could be declared illegal organisations. Bikie club members could then be jailed for associating with each other, and prevented from working in certain jobs. The NSW Crime Commission was also given powers to seize bikie assets.

The High Court has found the NSW laws invalid because they undermine the institutional integrity of the state's Supreme Court. The court also found the laws were outside the legislative powers of the NSW Parliament.

The state has been ordered to pay legal costs for Mr Wainohu.