... from Ozbiker.org 15/9/06

The WA State Government’s tough antifortification laws covering outlaw motorcycle club premises came under strong attack in the Court of Appeal yesterday when three judges raised their disquiet at the use of secret evidence.
The court can “review” orders obtained by the Commissioner of Police but Justice Chris Steytler suggested the court had been brought in only to give an “air of responsibility” to the controversial legislation.
And a lawyer for the Gypsy Jokers motorcycle club suggested that the integrity and impartiality of the court was in question unless it declared the legislation invalid.
Under a section of the 2003 Corruption and Crime Commission Act — giving police more power to fight motorcycle clubs — secret evidence can be used to get an order to remove heavy fortification from clubhouses.
When the Gypsy Jokers fought the order in the Supreme Court, Justice Peter Blaxell said keeping evidence secret was “contrary to every principle of justice” and referred it to the Court of Appeal.
Counsel for the bikers, David Grace, told the Court of Appeal yesterday it was wrong for evidence to be kept secret and deny a party a chance to make proper submissions.
Confidential evidence from the Commissioner was untested and could be inaccurate and even scandalous. “It creates a perception this court is not free from the executive arm of government,” Mr Grace said.
Justice Christine Wheeler wondered why the court was asked to review an order when it could not evaluate the evidence.
“The question of who uses the premises, what sort of people they are and what sort of things they might be doing will involve an evaluation of the material,” Justice Wheeler said.
And Justice Steytler said: “The court is being introduced to give an air of respectability to what has been done.
“In truth, its role is so limited as to be almost meaningless.”
Chief Justice Wayne Martin said that accepting secret evidence and not disclosing it to a party involved in the matter was not a function normally associated with a court.
Chief Justice Martin added that a reasonable person sitting in court was likely to think “something was going on” between the Commissioner and the court to which the Gypsy Jokers were excluded.
Robert Mitchell, for the Commissioner, submitted that the impartiality of the court was not compromised. Parliament had a justifiable reason for imposing the restrictions.
The Court of Appeal reserved its decision.