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from Ozbiker.org 6/12/05
The WA chapter of the Gypsy Jokers' fight against
tough anti-fortification laws has turned into
a constitutional battle after a Supreme Court
judge yesterday expressed his concerns about the
legislation's wide-ranging powers.
Judge Peter Blaxell cancelled the planned three-day
hearing shortly after lunch after earlier telling
lawyers for the motorcycle club that he had
access to confidential information that they
had not seen.
As a result, the club's lawyers would be forced
to argue without knowing the case against their
clients - a situation that offended the principles
of the justice system, he said.
Using the laws, Police Commissioner Karl O'Callaghan
ordered the bikers to tear down a concrete wall
and security cameras and modify several internal
and external doors at their Maddington clubhouse
in April last year.
The bikers asked the Supreme Court to overturn
that order and had planned to argue that the
Lower Park Road property was not heavily fortified
nor "used habitually by a class of people
reasonably suspected of being involved in organised
crime" during yesterday's hearing.
But the laws allowed Mr O'Callaghan to provide
information to Judge Blaxell that could be kept
secret from the Gypsy Jokers. "That's contrary
to every principle of justice we have all been
brought up to know," Justice Blaxell said
of the confidentiality provision.
The case was adjourned and will now be heard
in May - more than two years after police served
the original notice on the club - to give them
time to notify the attorneys-general of every
State and Territory of their constitutional
challenge.
Before yesterday's hearing was cancelled, the
Gypsy Jokers' lawyer David Grace QC asked Justice
Blaxell to visit the property. Justice Blaxell
reserved his ruling on any visit.
Mr Grace said changes demanded by police contravened
safety laws and the club needed security for
their bikes, which cost up to $35,000."That
(the Act) does not mean you can make the place
into a fire risk so that 200 eople get stuck
in there and burn to death," he said.
He tendered photographs of Perth properties
that had similar walls and also the parts of
the clubhouse police want changed.
The WA Supreme Court hearing is expected to
conclude tomorrow before Justice Blaxell hands
down his decision