Police take on the Bikies - Australian Federal Police Association

Transcription

Issue 3/ 2012
Police take on the Bikies
– but where is OMCG legislation?
Advertorial
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Chartered Accountants
considering whether or not to transfer.
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Issue 3/Winter 2012
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In This Issue
President’s Report . . . . . . . . . . . . . . . . . . . . . . . . 3
Australian Outlaw Motorcycle Gangs. . . . . . . . . . 5
Legislative arrangements to outlaw
serious and organised crime groups. . . . . . . . . . 6
Australian Crime Commission Advising
on Outlaw Motorcycle Gangs. . . . . . . . . . . . . . . . 14
Australia’s most dangerous bikie gangs. . . . . . . 18
OMCGs in Queensland . . . . . . . . . . . . . . . . . . . 21
OMCGs in NSW . . . . . . . . . . . . . . . . . . . . . . . . . 25
OMCGs in Victoria . . . . . . . . . . . . . . . . . . . . . . . 35
OMCGs in South Australia. . . . . . . . . . . . . . . . . 37
OMCGs in Western Australia. . . . . . . . . . . . . . . 39
OMCGs in Northern Territory. . . . . . . . . . . . . . . 45
OMCGs in ACT. . . . . . . . . . . . . . . . . . . . . . . . . . 46
OMCGs in Tasmania. . . . . . . . . . . . . . . . . . . . . . 48
Time Line of (In)Action. . . . . . . . . . . . . . . . . . . . 54
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Issue 2/Winter 2012 – AUSPOL
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President’s Report
PM again defers
$215.4m promise to
fight organised crime
AFPA National President Jon Hunt-Sharman
The Australian Federal Police Association
(AFPA) has for sometime been
concerned about the rise of organised
crime in Australia, including Outlaw
Motorcycle Gangs (OMCGs)
The Commonwealth has responsibilities
for international matters relating to
organised crime, including international
organised crime and inter-country
collaboration.
Australia is a member of the United
Nations Convention against Transnational
Organised Crime and has ratified a series
of related United Nations Conventions.
In April 2010, the Attorneys-General
of Australia, New Zealand, Canada
and the United States agreed to the
Declaration to Cooperate on Combating
Organised Crime.
The AFPA continues to argue that
the Federal Government can utilise
its External Affairs powers under
the Constitution to take the lead in
establishing national laws against
Organised Crime including OMCGs, or
via referral of states & territories powers.
The AFPA has lobbied for federal
organised crime legislation based on
legislation in both Western Australia and
Northern Territory including effective
unexplained wealth legislation, including all
of a declared drug trafficker’s assets being
subject to forfeiture; criminal investigation
(exceptional powers) legislation; and
fortification removal legislation.
Leading up to the 2007 Federal election
the AFPA convinced the then Labor
Leader, Kevin Rudd, that there was a
need for appropriate federal organised
crime legislation and additional
Australian Federal Police (AFP)
resourcing to enforce it.
The Labor Party committed to deliver
five hundred (500) additional Police
Officers. This overarching initiative was
to enhance the capacity of the AFP
to tackle organised and transnational
crime, particularly high tech crime,
drug trafficking, major fraud, money
laundering and terrorism.
In 2012, law enforcement struggle to
investigate OMCGs and other organized
criminal enterprises due to inadequate
legislation. OMCGs utilizing their vast
and suspicious ‘unexplained wealth’
have been able to successfully challenge
various State legislations in the High
Court and thereby make a mockery of
our legal system.
Whilst OMCGs get folk hero status (at
least in their own minds), police are
demoralized, having to use antiquated
legislation to combat these criminals.
With the criminals getting away with
murder! (Literally).
OMCGs operate without regard to state
or national borders. We need to ensure
that there are nationally consistent
laws and this can only occur through
leadership from the Gillard Government.
As can be seen from the articles in this
journal, OMCGs are not a State and
Territory problem; they are a national
security problem that needs to be
addressed by the Gillard Government.
They are organised crime syndicates
operating at the national and international
level, which is clearly the jurisdiction of
the Australian Crime Commission (ACC)
and the AFP.
Since the Gillard Government has been
in office we have seen her fail to deliver
on the 2007 Federal election Labor
promise to deliver five hundred (500)
additional AFP Police Officers.
Last year the Gillard Government
deferred the bulk of funding for the five
hundred (500) police, placing it in the
2012-13 f/y. In the 2012-13 Budget she
has again deferred this funding which
is urgently needed to tackle organised
crime, including OMCGs.
So far, Prime Minister Gillard has
delivered less than half of the 500 Police
Officers promised by Labor in 2007!
The Gillard Government has also cut
the budgets of both ACC and the AFP
in the 2012-13 f/y by a whopping 4%!
Such drastic and unforseen cuts to these
budgets must lead to a reduction in
intelligence and operational capability of
the ACC and AFP.
It is time that the Gillard Government
gets serious about organised crime and
immediately repeal its decision to cut
the budgets of these important national
security and law enforcement agencies.
In 2008 the Rudd Labor Government
appropriately identified organised crime
as a national security threat, introduced
legislation to combat organised crime,
promised funding for an additional 500
police officers for that purpose, and
significantly increased the budgets of
both the AFP and the ACC.
The Gillard Government has done little
in legislative reform, so far has failed to
deliver on the 500 additional police and
has cut the budgets of both the AFP and
the ACC.
It is time for the Gillard Government to
show real national leadership on this
national security threat, which affects all
Australians, by appropriately legislating,
funding and resourcing federal law
enforcement in the fight against
organised crime.
We need national laws to combat
OMCGs as a matter of urgency and
we need the budget of the AFP and
the ACC restored to an effective
funding level.
3
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Australian Outlaw Motorcycle Gangs
Australian Outlaw Motorcycle Gangs
Outlaw motorcycle gangs (OMCGs) are
present in Australia, with international
outlaw clubs like the Bandidos and Hells
Angels and Gypsy Jokers as well as
local groups. One of the major events
in Australian motorcycle gang criminal
history was what became known as the
Milperra Massacre in 1984, where a fight
between two gangs, the Comancheros
and the Bandidos in Milperra in the South
of Sydney, turned into a gun battle that
claimed seven lives - six gang members
and a civilian. While conflict between
various clubs has been ever present, in
2008 the gang conflict escalated, with 13
shootings taking place in Sydney in the
space of two weeks.[1]
Gang violence has become high
profile to the point where various state
governments have taken steps to change
laws to focus on the problem, and police
have set up groups to deal with the
threat, including the Crime Gang Task
Force in South Australia[14] Bikie gangs
in South Australia at least, are involved
in drugs, murder, extortion and other
forms of intimidation and violence. Bikie
gangs in South Australia have diversified
their activities into both legal and illegal
commercial business enterprises.[2]
In Western Australia they are involved in
the drug trade[3] Laws to deal with Bikie
gangs (applying to any association, bike
or otherwise) have been introduced into
Northern Territory, South Australia, NSW
and Queensland.[4][5][6]
In early 2009, Comanchero Motorcycle
Club and Hells Angels were involved
in a clash at Sydney Airport. One gang
member was beaten to death in plain
view of witnesses at the airport, and
OMCGs in Australia include:
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Bandidos The Bandidos are one of the “Big Four” gangs identified by the
FBI. They have 19 chapters across Australia and between 250 and 400
members. One of the clubs that has actively recruited from ethnic groups in
recent years.[10]
Coffin Cheaters They have chapters in Western Australia, Victoria, New
South Wales and Queensland, as well as in Norway. They have between 200
and 300 members.
Comanchero One of the oldest and smallest outlaw clubs in Australia, its
headquarter are in Western Sydney. They have between 80 and a hundred
members.
Gypsy Joker The Gypsy Joker MC, an American-formed club, are most
notorious for the 2001 car-bomb murders of West Australian police senior
investigator Don Hancock and Lawrence Lewis. They have between 200 and
300 members in Australia.
Hells Angels Originally founded in the US but now active worldwide.
In Australia, they have 150-250 members and are allied with the Nomads.
Nomads The Nomads club has no website and is not as widely known as
other clubs, but does have a significant presence in the press as an outlaw
motorcycle club engaged in allegedly illegal activities.[11][12]
Notorious The club Notorious, a recently new Middle Eastern gang, have
started competing with Australian bikie gangs, in a turf war for drug sales.
Notorious is reportedly using members of the Middle Eastern and Islander
communities in Sydney, and may be wooing members of those backgrounds
from other clubs.[13] They have between 150-200 members.
Rebels The Rebels are the largest outlaw motorcycle club in Australia, and
have 29 chapters. They are a more traditional club and are run by former
boxer and founding member, Alex Vella. They are by far the largest club in
Australia with around 2,000 members.[14]
police estimated as many as 15 men
were involved in the violence. Police
documents detail the brawl as a result
of the Comanchero and Hells Angels
Presidents being on the same flight
from Melbourne.[7] Four suspects were
arrested as a result of the altercation.
1. Welch, Dyan Bikie gangs behind spate of shootings.http://www.smh.com.
au/articles/2008/12/13/1228585181531.html?feed=fairfaxdigitalxml
2. “Police to boost organized crime fight” Premier of South Australia,
Mike Rann, Press Release.http://www.ministers.sa.gov.au/news.
php?id=2007&print=1
3. Robinson, Russell, “Bikie gangs run nightclub drug scene”, 24 March
2007 http://www.foxsports.com.au/story/0,,21437633-23211,00.
html?from=public_rss
4. “Adelaide Now Bikie Gang law introduced today” 8 June 2008 http://www.
news.com.au/adelaidenow/story/0,,23828355-2682,00.html
5. “Rees-to-propose-tough-new-bikie-laws”http://news.ninemsn.com.au/
national/794717/rees-to-propose-tough-new-bikie-laws
6. “Qld to adopt anti Bikie laws”http://news.ninemsn.com.au/national/795183/
qld-to-adopt-anti-bikie-laws
7. Lawrence, Kara (24 March 2009). “Tension in the air on Qantas flight 430
from Melbourne”. The Daily Telegraph.
Including two murders in the capital city,
4 people were killed in the space of a
week in Canberra and in Sydney.[8] As a
result of heightening violence, New South
Wales Premier Nathan Rees announced
the state police anti-gang squad would
be boosted to 125 members from 50.[9]
8. “Bikie Law won’t affect unions” The Canberra Times 30/3/2009http://www.
canberratimes.com.au/news/national/national/general/bikie-laws-wontaffect-unions/1473005.aspx
9. Sullivan, Rohan. “4 charged in airport biker brawl in Australia”.
10.Welch, Dyan Bikie gangs behind spate of shootingshttp://www.smh.com.
au/articles/2008/12/13/1228585181531.html?feed=fairfaxdigitalxml
11. Veno, Arthur (2004). The Brotherhoods: Inside the Outlaw Motorcycle
Clubs. Sydney: Allen & Unwin, 67.
12.Baker, Jordan. “Crime Inc’s Riders”. Sydney Morning Herald. 12 January
2008.
13.Coulthard, Ross, “Bikie wars fuelled by drug and crime” 28 March
2009. The Australian,http://www.theaustralian.news.com.au/
story/0,25197,25251926-5013479,00.html
14.Australia’s most dangerous bikie gangsRalph.ninemsn.com.au
5
Legislative Agreements
Legislative arrangements to outlaw
serious and organised crime groups
Extract from Senate Inquiry
Overview of serious and organised crime in Australia
Outlaw motorcycle gangs
(OMCGS): a growing
concern?
clubs, academics, legal organisations
and individuals strongly opposed to the
legislation, which has been described as
‘draconian’ and restricting human rights.
The committee noted in its 2007 report
on serious and organised crime a growth
of OMCG membership and participation
in illegitimate activities across Australia.
March 2009 – a violent confrontation
between members of the Hells Angels
and Comancheros Motorcycle Clubs
on 22 March resulted in the murder
of Anthony Zervas at Sydney Airport.
His brother, Hells Angel member Peter
Zervas was shot and seriously injured in
an attack a week later. These events were
seen to be a culmination of escalating
OMCG violence in New South Wales
(NSW), which has included drive by
shootings and the bombing of an OMCG
club house.
Reflecting on the involvement of OMCGs
in serious and organised crime, Assistant
Commissioner Morris from the AFP made
the following observation:
We have also started to see a very small
element of the outlawed motorcycle
gangs becoming corporatised and using
more sophisticated business structures
in their transactions.
Directly preceding and during the course
of the inquiry, significant legislative
developments and other events occurred
around the country, which bought the
issue of serious and organised crime
more prominently in the political and
public domain. More specifically, the
common theme in these developments
was the alleged involvement of
motorcycle clubs in serious and
organised crime.
The following is a brief
history of recent events:
February 2008 – the South Australian
Government introduced the Serious and
Organised Crime (Control) Bill 2007
September 2008 – the Serious and
Organised Crime (Control) Act 2008
came into effect in SA. Under the Act,
a group or club can be declared an
‘organised crime group’, which enables
various orders to be made to restrict
the movement and associations of the
group’s members. The legislation was
introduced to specifically suppress
motorcycle clubs, which are viewed by
the South Australian Government to
present a major organised crime threat
in SA. Responses to the legislation were
divided with a number of motorcycle
6
AUSPOL – Issue 2/Winter 2012
April 2009 - The Crimes (Criminal
Organisations) Control Act 2009 came
into effect in NSW. The legislation
was introduced as a direct response
to OMCG violent criminal activity and
provides a mechanism for declaring an
organisation a ‘criminal organisation’
and strengthens the ‘capability of the
New South Wales Crime Commission to
take the proceeds of crime from these
organisations and their associates’.
April 2009 – The Standing Committee
of Attorney-Generals (SCAG) discussed
‘a comprehensive national approach
to combat organised and gang related
crime and to prevent gangs from simply
moving their operations interstate’ in
response to public concern about the
violent and illegal activities of outlaw
motorcycle gangs.
June 2009 – On 18 June the Western
Australia (WA) Police Minister, the
Hon. Rob Johnson MP, announced his
intention to take a proposal to cabinet
to introduce legislation that would be
based on SA’s and NSW’s ‘tough’ antiorganised crime laws.
June 2009 – The Attorney-General,
the Hon. Robert McClelland MP,
introduced the Crimes Legislation
Amendment (Serious and Organised
Crime) Bill 2009 into Parliament on
24 June. The Bill provides for measures
agreed to by state and territory
Attorneys-General at their April meeting.
The Attorney-General stated that the
measures will: ‘target the perpetrators
and profits of organised crime and will
provide our law enforcement agencies
with the tools they need to combat the
increasingly sophisticated methods used
by organised crime syndicates’.
The Attorney-General’s Department
provided a summary of the national
response to this increase in OMCG
organised criminal activity:November
2006 – the ACC Board approved the
establishment of the Outlaw Motorcycle
Gangs National Intelligence Task Force
(the OMCG Task Force) under the High
Risk Crime Groups Determination. The
OMCG Task Force superseded the ACC
Intelligence Operation that concluded
on 31 December 2006 after it identified
a significant expansion in the activities
of OMCGs in 2005-06. The OMCG Task
Force developed national intelligence
on the membership and serious and
organised criminal activities of OMCGs
to better guide national investigative and
policy action.
June 2008 - the ACC Board elected to
close the OMCG Task Force and replace
it with a new Serious and Organised
Crime National Intelligence Task Force
(SOC NITF), which was to remain in force
until 30 June 2009. The SOC NITF will
retain a focus on high risk OMCGs for
at least the first 12 months, but will also
allow the ACC to have a broader focus
on organised crime occurring outside the
structure of an OMCG.
June 2007 - the Ministerial Council for
Police and Emergency Management –
Police (MCPEMP) agreed to establish a
working group to examine the issue of
OMCGs (the OMCG Working Group).
The Final Report of the OMCG Working
Group was completed in October
2007, and made 23 recommendations
to enhance a national approach to
combating the problem of OMCGs.
The Final Report of the OMCG Working
Group was noted by MCPEMP at its
November 2007 meeting.
Within the South Australian context, the
South Australian Government submitted
that OMCGs present the greatest serious
and organised crime threat in that state.
It was argued that a high proportion
of organised criminal activity was
attributable to OMCGs and that organised
criminal activity was increasing.
The South Australian Government
identified the following threats presented
by OMCGS to SA and other jurisdictions:
Illicit drug manufacturing, trafficking and
distribution;
Infiltration into legitimate industry and
partnerships with professional personnel;
Increased sophistication and
resourcefulness, making it more difficult
for police to carry out successful
investigations;
Expansion amongst the greater criminal
community, particularly organised crime
syndicates;
Inter and Intra gang violence, including
blackmail, trafficking and use of firearms
and other weapons;
OMCG expansion, including size, scope
and influence.
OMCG organised criminal activity in
SA involves:
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a broad range of criminal activities
including the organised theft and
re-identification of motor vehicles;
drug manufacture, importation and
distribution; murder; fraud; vice;
blackmail; assaults and other forms
of violence; public disorder; firearms
offences; and money laundering;
the recruitment of street gangs by
OMCGS to undertake ‘high risk aspects
of their criminal enterprise’; and
a reliance by OMCGS on
professionals, such as lawyers and
accountants, ‘to create complicated
structures to hide the proceeds of
their crimes’.
Assistant Commissioner Harrison from
the SA Police outlined the growing
connection between street gangs and
motorcycle clubs:
We have certainly seen the linkage
[between motorcycle clubs] with street
gangs and youth gangs in this state, and
I think that has also been seen in other
jurisdictions around Australia. We are
now seeing individual members of street
and youth gangs graduating to nominees
or prospects of outlaw motorcycle
gangs, and we are also seeing some
of them made full members of outlaw
motorcycle gangs. We know that there is
a direct correlation between some outlaw
motorcycle gangs and some street gangs.
Consistent with the trends in organised
crime groups outlined above, Assistant
Commissioner Harrison further observed
that the boundaries between motorcycle
clubs and other organised crime groups
were no longer rigid with groups forming
previously unlikely alliances:
We are finding that there is diversification
and interrelationships between outlaw
motorcycle gangs and the more
traditionally based ethnic serious and
organised groups of the past.
The perceived prevalence of OMCG
criminal activity was not, however,
consistent across all jurisdictions, with
some states – Victoria for example –
presenting a picture of organised crime
in which OMCGs played a less central
role. Detective Superintendent Paul
Hollowood from Victoria Police stated:
I think we have regained something like
$77 million in assets from Tony Mokbel.
That is serious organised crime. I do
not see those types of assets with guys
riding bikes—nowhere near that. It is
where the money is and where it is being
derived that is the best indicator for us as
to where organised crime is sitting.
Reflecting on motorcycle club members,
Detective Superintendent Hollowood
commented that:
Some are genuine motorcycle
enthusiasts I suppose. They are not at
the serious end of our organised crime
problem in Victoria. I appreciate that the
South Australian and Western Australian
situations are different. It appears that it
is a larger threat to them in those states.
However, from a Victorian perspective,
we have bigger fish to fry with what we
are doing and focusing on. The whole
OMCG argument can be an unhealthy
distraction. I do not think it is just law
enforcement agencies that talk about it;
there seems to be a real preoccupation
in the media with the subject as well.
In Queensland, witnesses from the
Queensland Police Service (QPS)
observed that there is OMCG involvement
in organised criminal activity but warned
against concentrating efforts on ‘traditional’
crime groups. Deputy Commissioner
Stewart from the QPS stated:
The service is also mindful of the
dangers inherent in focusing too
intensively on what may be seen as
traditional organised crime groups that
are both visually observable and publicly
familiar such as outlaw motorcycle
gangs, or OMCGs.
Consistent with the trends in criminal
group activity discussed earlier in the
chapter, Deputy Commissioner Stewart
went on to point to the increasingly
fluid and temporary nature of criminal
networks.
Mr Keen from the CMC in Queensland
informed the committee that in view of
the relatively flexible nature of organised
crime groups the CMC has adopted
a ‘market-based’ approach to dealing
with serious and organised crime. He
explained that:
We are looking at the crime markets and
from there we go and look at the groups
that may be perpetrating those crimes.
We look at things like illicit drug markets,
we look at property crime, we look at
money-laundering, and from there it is
really a matter of whoever is actually
involved in that they will be the subject
of our intelligence and investigation
action. I put that in context to show that
we are looking very much of the actual
activities and the markets when we target
any particular group.
Reflecting on the participation of OMCGs
in organised crime, Mr Kitson from the
ACC observed:
Outlaw motorcycle gangs...are more
structured, enduring and more easily
identifiable than many other groups
that we deal with. However, they are
not typical of the majority of organised
crime entities that attract national law
enforcement attention. While other
syndicates or networks may share
a common ethnicity or ethos, these
are rarely defining characteristics.
In reality there is little if any public selfidentification by the majority of the key
criminal syndicates which we target.
Whilst not disputing the participation of
OMCGs in organised crime in Australia,
Mr Kitson was clear that this was not
the issue on which the ACC currently
believes it should focus its efforts.
Mr Kitson explained that the ACC’s
strategy is to ‘identify serious criminal
targets through identification of criminal
business structures and money flows’.
Correspondingly, the ACC’s focus from
a legislative perspective is on ways to
‘improve and tighten legislation’ in order
to facilitate the interruption of the financial
affairs of suspected criminals.
continued on page 8
7
Organised crime groups
and groups with organised
crime involvement
A number of witnesses made the
distinction between the involvement
of groups in organised crime and
the involvement of individual group
members in organised crime. Mr Kitson
from the ACC stated:
OMCGs continue to feature in the
Australian criminal landscape; of that
there is no question. We would make
a distinction between the operation
of those groups as networked entities
and the criminal enterprises of a number
of the significant individuals within those
groups. There is no doubt that in some
instances those individuals operate
entirely as individuals.
Mr Kitson went on to explain that in
some cases those OMCG members
operating criminally as individuals carried
‘the threat of menace that goes with the
OMCGs. He further stated that:
It is true to say that in any analysis
of some of the nationally significant
crime figures you will find people
who have associations with outlaw
motorcycle gangs, but I do not know
that that would necessarily mean that
you would characterise the outlaw
motorcycle gangs themselves as
being the primary criminal threat in
this country.
Similarly, Detective Superintendent
Hollowood from Victoria Police informed
the committee that:
You generally find it is the individuals
within the gang who are actually
engaged in organised crime activity.
However, the stated charter or the
mandate of the OMCG is to be like a
brotherhood, to be very protective of
the members and not to inform on other
members. Because of that it is very easy
for criminal individuals to operate.
The same point was made by
Superintendent Gayle Hogan from the
Queensland Police:
There are people within the groups
who work independently. They work
as a group within the group and they
align themselves with other areas.
So there are all ambits of that sort of
criminality, but it does not necessarily
mean the entire club is involved.
They sometimes use being part of that
criminal entity as a means of extortion
or threat or to be able to stand over
potential witnesses or victims.
8
Motorcycle clubs:
an unfair target?
The committee received evidence from
a number of individuals and motorcycle
clubs arguing that motorcycle clubs were
being unfairly targeted. The involvement
of some individual bikers in criminal
activity was not disputed. However some
witnesses alleged that motorcycle clubs
had no involvement in organised crime
while others contested the extent of this
involvement and expressed the view that
motorcycle clubs were being unjustly
maligned.
Mr Errol Gildea, President of the Hells
Angels Motorcycle Club Queensland,
refuted suggestions that motorcycle
clubs were involved in organised crime.
Similarly, Mr Gary Dann, Road Captain of
the Bandidos MC, commented:
The club does not break the law, as
a rule. If individuals do, that is their
business. They should be dealt with. But
we are not an organised crime outfit.
Mr Edward Hayes, a member of the
Longriders Christian Motorcycle Club
(Longriders CMC) in South Australia
observed:
Our own members and many
recreational riders have noticed a
marked increase in the past couple
of years in the public’s and uniformed
police officers’ attitude towards them.
They (The public and average cop on the
street) can only go on what they’ve been
told and the past six years of the politics
of fear has done its job.
Similarly, reflecting on South Australia
Dr Arthur Veno and Dr Julie van den
Eynde in their submission characterised
that state’s attitude to bikers as the ‘Great
South Australian Bikie Moral Panic’.
They argued that a ‘politics of fear’ was
in operation which presented OMCGs
as the ‘enemy within’ and underpinned
the recent introduction of ‘draconian’
legislative measures.
The perception that motorcycle clubs
are publicly demonised was discussed
within the Queensland context. Mr Gildea
recounted an instance of alleged unfair
treatment from the Queensland Police
and stated: ‘We are under a barrage
of attacks from everywhere’. He went
on to remark:
I would love to see the day when
parliamentarians can come out to the
clubhouse and have a look and make
up their own minds and meet us on an
individual basis, because we are not the
monsters that you guys think we are. We
are as human as everybody else. We
bleed the same colour as everybody else.
Mr Edward Withnell, a long-term member
of the ‘Outlaw Motorcycle Community’
in WA, argued that bikers have been
‘stereotyped’ and ‘de-humanized’. He
submitted:
We Bikers are not homogeneous, we are
heterogeneous. Like yourselves, we have
differences within ourselves, as well as
between ourselves...We are not driven by
drug wars or any of the fanciful creative
writings of the media or ‘secret police’.
Mr Adam Shand, a journalist who
has worked on organised crime for a
number of years, including the Victorian
‘Underbelly’ era and more recently SA
motorcycle club involvement in crime,
contrasted organised crime during the
‘Underbelly era’ with the kind of criminal
activity undertaken by some motorcycle
club members in South Australia:
You are talking about serious organised
crime there [Victoria]. What we are
seeing here [SA motorcycle groups] is
disorganised crime. We are seeing a
lot of street level stuff—assaults, small
extortion cases and drug manufacture
and supply. Where are these massive
convictions? Where are these massive
seizures that we keep hearing about?
Mr Shand argued that the connections
between motorcycle clubs and serious
and organised crime are overstated. He
informed the committee that:
There are some clubs that are completely
free of crime. There are others that
have some chapters that are riven with
crime. Others have some criminals in
them. There is an attempt at regulation,
certainly in recent years. The clubs are
not without some sensitivity towards
community attitudes. There have been
attempts by more moderate members
in clubs to bring others to heel because
they want to continue their lifestyle,
as well.
Pursuing a related theme, Mr Gildea,
Hells Angels Motorcycle Club
Queensland, observed that club
membership ‘is about love and respect; it
is not about hate’ and confirmed that any
person interested in motorcycles and the
values of love and respect would likely
be welcomed into a club ‘if they were a
good Australian person’. However, the
committee was informed that this culture
is predominantly masculine and women
are largely excluded.
Mr Edward Withnell from WA claimed
that OMCGs and other ‘minority’ groups
were being used as scapegoats for
the real participants in serious and
organised crime:
Outlaw motorcyclists and many
other ethnic and minority groups and
individuals have been ‘set-up as fallguys’, persons on whom to shift the
focus away from the level of crime and
corruption that the ACC is best suited
to investigate.
Several witnesses noted that the ‘code
of silence’ adopted by motorcycle clubs
contributed to the negative perceptions
of the clubs and made it difficult for law
enforcement officers to bring individual
bikers engaged in criminal activity
to justice. For example, Mr Withnell
informed the committee that ‘immoral
journalists’ and ‘dishonest police officers’
perpetuated ‘lies’ about motorcycle
clubs and it was the bikers decision not
to engage with this unfair representation
that had resulted in the poor public
perception of bikers.
Mr Hayes, Longriders Christian MC,
explained that the ‘code of silence’ had
arisen from a deep distrust of the police,
of politicians and of the media:
From a social kind of aspect, when we
have a look at the profile of the average
man in a club, he has probably got
a whole life history of believing that
society is against him. Why should
he trust a politician; why should he
trust a police officer? That is the
background to the code of silence—
it is the distrust. That goes for the
media as well. Often clubs will not
talk to the media because they have
tried it in the past and they have been
represented in a different way to what
their intention was.
Biker witnesses emphasised
positives aspects of motorcycle club
membership noting the pleasure of
riding, the commitment to rules and
values, the importance of the social
support network provided through club
membership and a ‘sense of belonging
for individuals who often believe that
society has rejected them’.
Mr Shane ‘Shrek’ Griffiths, a ‘proud
Australian biker’, submitted:
In my journeys through out our great
nation I have met many a Colourful biker
from all walks of life. These gentlemen
as individuals were just like me with
the same love for motorcycling. I have
also had the pleasure of Associating
with many of them as a guest of their
motorcycle club, whether it be a fund
raising ride, a Poker run, Bike and Tattoo
show or just as a guest on a club run.
Assistant Commissioner Nick Kaldas’s
2006 observation that:
Mr Robbie Fowler, President of the
Outcasts Motorcycle Club Australia,
presented an account of a troubled early
life and concluded:
Just because bikies deliver teddy bears
to children’s hospitals once a year
doesn’t mean they’re not criminals the
other 364 days.
I never respected or liked myself, I hated
Authority and I resent woman, I was
released in 1990 went to the Bike club,
got married and had five children. ...
One must understand the club saved
my life and my liberty, as my actions
positive or negatives, reflects as you
know on my Brothers in the club. I have
not been convicted of an offence in
10 years yet I fought men every day
since I was eight. The Brotherhood the
code of ethics and the old Australian
Values is what has taught me respect
and how to love. I am happy that I now
have respect for my peers; blessed to
have learned how to love, and have the
pleasure of helping my five kids grow up
with the values that made Australia once
the greatest free country of people from
all over the world.
Detective Superintendent Hollowood
from the Victoria Police Force, whilst
questioning the level of involvement
of OMCGs in organised crime and
describing them as an easy target was,
nonetheless, forthright in his appraisal
of OMCGs:
Mr Gildea argued that these positive
aspects of motorcycle clubs tended to be
overlooked:
You never get to hear about the good
things we do or all the charity events that
we raise money for either; it is always
about the drugs and stuff. Yes, there are
individuals who have been caught and
do drugs.
I think sometimes it is easier to jump to
the OMCGs. It is very easy to portray
organised crime and the threat of it
by looking at OMCGs. They exist in
every state in Australia. I will not go as
far as saying that they have become a
scapegoat, because by no means are
they sitting there as church choir groups.
The level of OMCG involvement in
serious and organised crime is difficult
to clearly establish. The committee
acknowledges that it varies across
the states. However, the committee is
persuaded by the ACC that OMCGs are
a visible and therefore prominent target
in both the political and public arenas,
and that serious and organised crime
often involves a level of sophistication
or capacity above that of many OMCGs.
CHAIR—...What relationship is there
between motorcycle clubs and organised
crime, if any?
However, evidence from other witnesses
was at odds with the views outlined
above. Assistant Commissioner Harrison
from SA Police was adamant that biker
involvement in serious and organised
crime in South Australia has grown in
recent years. He argued that individual
bikers and/or motorcycle clubs are
implicated in a high proportion of
organised criminal activity.
Mr Gildea—None.
Concurring with his colleague’s
observations Chief Inspector Powell
commented:
… it is fair to say from a South Australian
perspective that outlaw motorcycle
gangs are involved at all levels of crime,
from the street-level public violence that
causes community concern through
to sophisticated drug manufacture
and distribution which extends not just
within the South Australia but across
jurisdictions within Australia.
Organised crime is undoubtedly a
widespread phenomenon in Australia
and internationally. There are a
number of broad features that can
be said to characterise organised
crime – most notably, organised
criminal activity is driven principally
by the promise of financial gain and is
generally well-planned, progressively
more sophisticated, and increasingly
traverses geographic and demographic
boundaries.
In the NSW Parliament, The Hon. Michael
Gallacher outlined a history of ‘violent
outlaw motorcycle gang crime’ in that
state and quoted the NSW Police Force
In spite of these common characteristics,
jurisdictional differences and the
historical choices that the various states
continued on page 10
Mr Dann— ‘Disorganised’, if anything.
However, the committee also notes that
if OMCG members wish to challenge
public and media perceptions of them,
bikers must take an active role in that
process, including by proactively
assisting police by clearing from their
ranks any criminal elements.
9
have made to deal with these differences
means there is no single approach to
serious and organised crime in Australia.
Nor is there necessarily any one right
approach. Notwithstanding this, the
committee believes that current trends
– in particular the increasingly multijurisdictional and transnational character
of serious and organised crime – mean
that greater legislative consistency,
enhanced administrative arrangements
and law enforcement capabilities are
required.
Overwhelming, evidence on the
changing character of organised
crime groups from tightly structured,
hierarchical, enduring groups to flexible,
market-driven networks signals, the
committee believes, the need for a
strategic response that targets in the first
instance the criminal market or activity.
Existing legislative
approaches to combating
organised crime in
Australia
Each jurisdiction currently has a different
set of legislative tools, including different
criminal laws, proceeds of crime laws
and a variety of policing powers. The
development of different legislation in
each jurisdiction is in part a response
to specific law enforcement issues and
criminal milieu. The benefit of such
targeted legislation is that it enables law
enforcement to effectively respond to
the problems confronting their particular
jurisdiction.
However, with the increasing complexity
of organised crime, including its reliance
on national and transnational networks,
having different laws in each jurisdiction
can make the national fight against
serious and organised crime in Australia
complex. The committee heard that
there are often loopholes and weak
points created by the variety of legislative
approaches in Australia, and that
criminals will often move to, or store their
assets in, jurisdictions with ‘weaker’ laws.
Legislation targeting
participation in an
organised crime group
During this inquiry, the committee
heard about a range of ways in which
law enforcement is taking a more
preventative approach to combating
organised crime by using laws which
restrict association. This may be done
through laws which criminalise particular
10
groups, civil orders which restrict the
associations and activities of individuals
suspected or known to be criminals,
the introduction of new criminal offences
such as racketeering, or a combination
of these methods.
The committee notes that the
development of legislative approaches
to combat serious and organised
crime is an evolving process, and must
continuously adapt to the changing
organised crime environment. For
example, the committee was informed
that the Irish government has recently
introduced a Bill which seeks to ‘address
the increasing levels of violence and
intimidation directed at witnesses
and other members of the public’ by
providing for a ‘Special Criminal Court for
the hearing of particular organised crime
offences’. Special Criminal Courts have
flexible procedures, can hold hearings in
private and do not require a jury.
The committee examined the
various approaches that have been
adopted in Australian and overseas
jurisdictions, each of which has benefits
and disadvantages. However, the
approaches share a number of common
difficulties, including: the challenge
in defining ‘organised crime groups’,
and the challenge of developing an
efficient and transparent process by
which a group or individual is found to
be involved in organised crime. These
aspects make laws targeting association
very complex, and fraught with legal and
constitutional difficulties.
Of the approaches examined by the
committee, the UK’s Serious and
Organised Crime Prevention Orders
(SPCOs) seem to be an effective way
of managing the activities of known
criminals. One of the key advantages
of SCPOs is that they can be targeted
to specific individuals, and do not
attract many of the concerns about
criminalising entire groups. However,
the committee is also cognisant of the
costs of monitoring such orders, and for
that reason considers that the orders
would really only be cost-effective for
use against the most high-risk criminals.
The committee considers that such an
approach may have significant benefits if
applied in Australia and urges that further
consideration be given to implementing
SPCOs in Australia.
The committee recommends that
the ACC monitor the Serious Crime
Prevention Orders, of the United
Kingdom’s Serious and Organised Crime
Agency, and report to both the Minister
for Home Affairs and the Parliamentary
Joint Committee on the Australian Crime
Commission on the operation of the
orders and on any benefits to Australian
law enforcement agencies.
Obviously, such an approach alone
will not be sufficient to deal with
the significant problem of serious
and organised crime. However,
the committee’s view is that, after
examining all of the evidence presented
to it during this inquiry, there may be
less complex ways of targeting and
dismantling serious and organised
crime than by the implementation
of far-reaching anti-association laws.
One of the committee’s concerns with
anti-association laws is that they may
not make it any easier for police to target
the leaders of gangs, and instead be
used against those at the lower echelons
of organised crime groups, as has
occurred to an extent with participation
offences in Canada.
The committee is strongly of the view that
in order to prevent serious and organised
crime, it is critical to remove or reduce
the motivations for it – the money.
Confiscating the
Proceeds of Crime
During this inquiry the committee
examined a range of preventative law
enforcement approaches to serious and
organised crime. On the evidence it has
received, the committee is persuaded
that the most effective way of targeting
and disrupting serious and organised
crime is to pursue the motivation behind
it – which is the financial gain.
While there are differences of opinion,
both within law enforcement and
the community generally, about the
effectiveness and appropriateness of
anti-association laws, law enforcement
agencies both within Australia and
internationally, are unanimous that
criminal assets recovery laws are an
effective way of combating organised
crime at the highest level.
The committee believes that strong
criminal assets recovery laws, specifically
unexplained wealth laws, are a significant
way forward, as they:
■■
■■
■■
prevent crime from occurring by
ensuring criminal profits cannot be
reinvested in further criminal activity;
disrupt criminal enterprises;
target the profit motive of organised
criminal groups to deprive them of this
incentive; and
■■
ensure that those benefiting most from
organised crime – i.e. those receiving
financial gain – are the ones captured
by the law, which they are often not
under ordinary criminal laws, and
proceeds of crime laws which require
a link to a predicate offence.
The committee acknowledges that
unexplained wealth laws are a departure
from the traditional approach to
proceeds of crime, which requires a
person to be convicted of a predicate
offence before the proceeds of that
crime may be confiscated. However,
the committee has heard throughout
this inquiry about the increasing
sophistication and transnational
nature of serious and organised crime
groups. The directors of modern
organised crime have sophisticated
and dynamic methods of avoiding
the law. They are well-informed and wellresourced. The committee is therefore
convinced that such a departure from
traditional approaches to confiscating
the proceeds of crime is necessary
and defensible.
Accordingly, the committee commends
the Commonwealth Government for the
introduction of the Crimes Legislation
Crime) Bill 2009, which includes
unexplained wealth laws. However, the
committee also notes that in order for any
law which targets a national problem to
have maximum effect, it is critical that all
levels of government adopt harmonised
approaches to unexplained wealth
confiscation. The committee encourages
the states and territories to give this
matter due consideration.
A holistic and harmonised
approach to serious and
organised crime
This inquiry into legislative arrangements
to outlaw serious and organised crime
was established in part to consider
the legislative developments in South
Australia with the enactment of the
Serious and Organised Crime (Control)
Act 2008. This Act signalled a new
approach on the part of law enforcement
agencies in Australia to tackle the
growing and complex issue of serious
and organised crime.
This report has sought to present:
a current snapshot of serious and
organised crime in Australia; the
increasing threat of transnational
organised crime; and the current
legislative developments to address
this. Central to this inquiry was the
examination of legislation which targets
association offences, as this was the
foundation of the Serious and Organised
Crime (Control) Act 2008 (SA).
During the course of this inquiry, political
and public acceptance for association
offences has changed. Initially all
other states and territories adopted a
‘wait-and-see’ approach to the South
Australian legislation. However, the
events of March 2009 at Sydney airport,
in which a confrontation between two
OMCGs resulted in the murder of one
man and later the attempted murder of
another, produced a concerted political
response to target ‘gang’ membership.
A number of jurisdictions already had a
range of association offences, but in light
of the Sydney airport murder, these were
enhanced to mirror, to a large degree, the
legislation in South Australia. While not
all states and territories acted as swiftly
as NSW, a number have publicly stated
that they are considering enhancing or
enacting association offences.
The committee acknowledges that
OMCGs present a very public and
threatening face of serious and organised
crime. The committee has also heard
that the structure of OMCGs, and indeed
of many groups involved in serious and
organised crime, is sophisticated and
allows them to evade law enforcement.
Accordingly, it seems to be a logical
response for law enforcement to attempt
to restrict the members of criminal
groups from meeting to plan and execute
their activities. The committee sees some
value in this response.
However, during this inquiry, the
committee heard of a number of
alternative methods for both restricting
association, and for preventing serious
and organised crime. In the committee’s
view, some of these approaches share
many of the benefits of South Australia’s
laws without some of its difficulties,
complexities and costs.
The committee also became aware
that the threat of serious and organised
crime goes far beyond OMCGs, and
that the groups committing some of
the most serious and lucrative crimes,
and driving the lower-level criminal
groups, do not have such a public face.
Moreover, witnesses emphasised the
changing nature of organised crime
groups from tightly structured and
enduring groups to loosely affiliated
and transitory networks. The committee
heard time and time again that organised
crime is fundamentally motivated by
financial profit, and that those directing
serious and organised crime will be
those benefiting most financially from
it. Consequently, the committee also
considered criminal asset confiscation
in this report as another means of
preventing serious and organised crime.
The committee heard that by confiscating
criminal assets, law enforcement can
deprive organised criminals of the motive
for and benefits of their activities, and
restrict their ability to finance further
criminal activities. The committee is
persuaded that the confiscation of
criminal assets is an effective way
of tackling serious and organised
crime. The committee commends the
Commonwealth government for pursuing
this approach and those states and
territories that have or are also enhancing
legislation in this area.
Finally, the committee’s inquiry
highlighted that appropriate legislative
tools are only part of the law enforcement
equation. The operational capacity of
law enforcement agencies is paramount
to any attempts to tackling serious and
organised crime. Clearly, operational
capacity is dependant on appropriate
numbers of skilled law enforcement
personnel, but it is also dependant upon
greater coordination of law enforcement
approaches across the country,
improved information and intelligence
sharing arrangements, improved
international partnerships, a supportive
suite of law enforcement capabilities and
adequate levels of resourcing.
As a result of the federated system of
government, Australia’s approach to law
enforcement is currently fragmented.
This situation presents opportunities
for serious and organised crime and
great challenges for law enforcement
agencies. It is these vulnerabilities that
criminal groups exploit. The committee
recognises the significant challenges
that Australian law enforcement faces
in tackling serious and organised
crime. In order to do this effectively,
law enforcement agencies must be
well supported with resources, law
enforcement tools and administrative
and policy arrangements. However,
the committee urges that any legislative
developments be considered and
evidence-based rather than politically
driven. Ill-considered legislation risks
increasing the problems of Australia’s
already piecemeal legislative framework.
Senator Stephen Hutchins
Chair
11
Government Response
Government Response to Parliamentary Joint Committee
on the Australian Crime Commission Report- Inquiry
into the legislative arrangements to outlaw serious and
organised crime groups
Recommendation 1: The committee
recommends that the ACC work with its
law enforcement partners to enhance data
collection on criminal groups and criminal
group membership, in order to quantify
and develop an accurate national picture of
organised crime groups within Australia.
Accepted
On 25 November 2009, the Government
released the Commonwealth Organised
Crime Strategic Framework (the
Framework), which includes measures to
improve intelligence, information sharing
and interoperability among agencies to
best identify and combat organised crime
networks and their activities.
A key element of the Framework is the
biennial development, by the Australian
Crime Commission (ACC), of an
Organised Crime Threat Assessment to
provide a shared picture among relevant
stakeholders of the most significant threats
and harms arising from organised criminal
activity.
Under the Framework, the ACC will
continue to play a key role in collecting
and disseminating intelligence on criminal
organisations. The continuation of current
arrangements, including the ACC Board
and existing task forces are supported
under the Framework.
recommends that the ACC monitor
the Serious Crime Prevention Orders,
of the United Kingdom’s Serious and
Organised Crime Agency, and report to
both the Minister for Home Affairs and
the Parliamentary Joint Committee on
the Australian Crime Commission on the
operation of the orders and on any benefits
to Australian law enforcement agencies.
AND
recommends that the ACC continue to
monitor the effectiveness of the United
Kingdom’s Financial Reporting Orders, and
report to both the Minister for Home Affairs
and the Parliamentary Joint Committee on
the Australian Crime Commission whether
similar reporting orders may be of benefit in
the Australian law enforcement context.
Accepted
The Government agrees that the ACC
continue to monitor the effectiveness
of Serious Crime Prevention Orders
and Financial Reporting Orders in the
context of other investigative and offender
management options, and report back as
appropriate.
recommends that the unexplained wealth
provisions of the Crimes Legislation
Crime) Bill 2009 be passed.
Noted
The Crimes Legislation Amendment
(Serious and Organised Crime) Act 2010
was passed by Parliament on 4 February
2010 and received Royal Assent on 19
February 2010.
recommends that the Commonwealth
Government give urgent consideration
to strengthening the enforcement of
registration obligations under the AntiMoney Laundering and Counter-Terrorism
Financing Act 2006.
Accepted
Under the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006
(AMLlCTF Act), providers of remittance
services are required to register with
the Australian Transaction Reports and
Analysis Centre (AUSTRAC). On 23
April 2010, the Government released a
discussion paper detailing proposals to
enhance regulation of Australia’s remittance
sector in order to combat serious crimes.
The paper includes proposals to tighten
the registration obligations of the sector,
and to empower the AUSTRAC CEO to
refuse, suspend or cancel the registration
of remitters in appropriate circumstances,
including if the person poses a significant
money laundering, terrorism financing or
people smuggling risk or has a history
of non-compliance with their regulatory
obligations. Subject to the outcome of
consultations, the Government proposes
to introduce legislation amending the
AMLlCTF Act as soon as possible.
The Crimes Legislation Amendment
(Serious and Organised Crime) Act No.2
2010 strengthened AUSTRAC’s ability
to take enforcement action against
reporting entities that do not comply with
their obligations under the AMLlCTF Act.
Specifically, it removed the requirement
that AUSTRAC prove that an entity located
in a foreign country is not an authorised
deposit-taking institution when taking
action against providers of remittance
services under the AMLlCTF Act.
The Government is currently considering
options for improving the operation of
the AMLlCTF Act more broadly. The
Government is committed to developing a
workable legislative framework that strikes
a balance between efficient conduct of
business and effective regulation to combat
money laundering and terrorism financing.
recommends that the Commonwealth
Government examine a more integrated
model of asset recovery in which
investigation and prosecution are
undertaken within one agency, such as
the ACC.
Accepted
The Government will examine possible
options for a more integrated model of
criminal asset confiscation.
An important factor for consideration will
be the desirability of closely coordinating
action to confiscate criminal assets with
any related investigation or prosecution
of criminal offences. Consideration would
also need to be given to the resources
and expertise required to integrate
in a single agency the functions of
investigating criminal assets and applying
for court orders to restrain and confiscate
those assets.
Integrating asset recovery into the ACC
may not be an appropriate option as it may
detract from the agency’s key functions of
information and intelligence gathering and
dissemination.
recommends that the Australian
Government, in consultation with regional
partners, give consideration to establishing
an intelligence fusion centre in the Oceania
region.
Accepted in principle
The Framework clearly articulates the
benefit of a fusion capability such as the
successful concept of the ACC’s Financial
Intelligence Assessment Team, which
pools analytical skills and provides shared
access to multiple Commonwealth data
and intelligence holdings located within
the ACC. The Government has committed
to the development of a domestic criminal
intelligence fusion capability linking
a range of agencies and is currently
focused on establishing that capability.
Any consideration of a fusion centre in the
Oceania region should occur once the
Commonwealth fusion capability has been
established and fully evaluated.
13
Australian Crime Commission Advising on Outlaw Motorcycle Gangs
Australian Crime Commission
Advising on Outlaw
Motorcycle Gangs
Some members of outlaw motorcycle gangs are responsible for serious
criminal offences and form part of organised crime networks. They have
developed a strong presence in several illicit markets, particularly the illicit
drug market.
Nature of Outlaw
Motorcycle Gangs
Almost 40 motorcycle clubs linked to
criminal activities in Australia describe
themselves as outlaw motorcycle gangs
(OMCGs). The reference to ‘outlaw’ is not
a legal definition; rather it refers to their
view of themselves as operating outside
the law.1 Specifically, OMCGs describe
themselves as the ‘one percenters’. If 99
per cent of motorcyclists operate within
the law society’s conventions, they see
themselves as the one per cent who don’t.
The criminal activities of OMCGs
distinguish them from many recreational
motorcycle riding clubs comprised of
people who get together solely for the
purpose of riding their motorcycles and
socialising (although some OMCGs claim
to be simply recreational riding clubs).2
While they have become one of the more
identifiable and high profile groups in
Australia’s organised crime landscape,
OMCGs are not typical of the majority
of organised crime entities in Australia
and their members do not pose more or
less of an organised crime threat than
many other groups and individuals.
Other syndicates or networks rarely
aim for public identification. In contrast,
OMCGs maintain websites, identify
themselves through patches and tattoos,
have written constitutions and bylaws,
trademark their club names and logos,
and have publicity campaigns.3
Australian OMCGs evolved from core
groups of males who shared common
interests, came from working class
backgrounds, were Caucasian and
sought to mirror the activities of OMCGs
which were established overseas
14
(originally in the United States) after the
Second World War. Club members were
soon expected to obey strict rules and
a militaristic hierarchy that levied harsh
and sometimes violent retribution for
disobedience.
Admission to groups was once formally
regulated by strict internal procedures,
although this has been relaxed to counter
declining membership and to strengthen
positions against rival OMCGs.4 This,
combined with Australia’s increasing multicultural population and a desire to broaden
spheres of interests, means the traditional
Caucasian make-up of biker gangs has
changed.5 There is now a strong Middle
Eastern presence in a number of OMCGs.
Some gangs do not work to a constitution
and others include members who do not
even ride motorcycles.
However, club culture does remain
predominantly masculine and women are
largely excluded.
OMCGs are characterised by a hierarchy
divided into different regions, each with
some autonomy, also referred to as
chapters. Each chapter is headed by
a president who has absolute rule and
oversees the principles of brotherhood,
loyalty and an enforced code of silence.6
The criminal activities of OMCG
members range from social nuisance
in residential communities through to
their involvement in some of the most
significant criminal syndicates operating
in Australia today. There has always been
a criminal element within OMCGs but in
the majority of cases OMCG chapters
do not engage in organised crime as
a group. Rather, individual members
may leverage off the OMCG to aid
their criminal activity. This may include
enlisting the support of fellow members
to recover debts or dissuade potential
competitors; enhancing their status in
criminal circles; or using the existence
of chapters in different states, territories
and sometimes other countries to exploit
criminal opportunities.
OMCG chapters do however, pose a
serious (if sporadic) risk to public safety
because they are liable to react violently
to attempts by rival OMCGs to poach their
members or encroach on their ‘territory’.
In these circumstances, OMCG members
have on a number of occasions (notably
on the Gold Coast and at Sydney
Airport) paid scant regard to the safety
of innocent members of the public.
Organised crime threats usually arise
from individual OMCG members or small
numbers of members in a particular
chapter who conspire with other criminals
outside the OMCG for a common
purpose. In some cases they may
even be part of a network that includes
members of another OMCG. There have
also been instances of OMCG chapter
members competing against each other
as part of rival organised crime networks
in the same crime market.
The Australian Crime Commission
conservatively estimates that serious
organised crime costs Australia
between $10–15 billion every year. This
cost comprises loss of business and
taxation revenues, expenditure on law
enforcement and regulatory efforts, and
social and community impacts of crime.
Raising public awareness of crime issues
is an important step in minimising the
impact serious and organised crime can
have on the community.
Australian Crime Commission Advising on Outlaw Motorcycle Gangs
Extent
OMCGs have featured prominently
in political and public discussions of
organised crime in Australia in recent
years. This is often because along with
being structured and enduring, OMCGs
are more publicly visible and identifiable
than many other groups involved in
organised crime.
However, it is difficult to gauge the
percentage of organised crime attributed
specifically to OMCG members. While
they are prevalent in all states and
territories, they are just one part of
the broader and integrated picture of
organised crime groups in Australia.
OMCGs’ activities are, for the most part,
domestic. However, gangs do cooperate
with other chapters abroad and with
sophisticated and high threat organised
crime groups operating in Australia and
internationally.
The most recent assessment of OMCGs
identified that there are currently 39
OMCGs operating in Australia, with the
number of patched members as high as
4000. This number expands significantly
when considering nominees, prospective
members and associates. The total club
and membership numbers of Australian
OMCGs are rising.
How Organised
Motorcycle Gangs Work
OMCGs are evolving in response to
changes in the criminal environment
and attempts by law enforcement to
counter their criminal activities. Some
OMCG members are becoming more
sophisticated and dynamic in their
criminal activities and a number of
OMCGs are expanding in their size,
scope and influence.
While OMCG members play a prominent
role in Australia’s domestic production
of amphetamine-type stimulants, they
are also involved in other illicit drug
markets, vehicle rebirthing and firearms
trafficking. Some OMCG members
have demonstrated a capacity for
strategic planning and their activities
now include committing serious frauds,
money laundering, extortion, prostitution,
property crime and bribing and
corrupting officials.
Like all members of society, some
members of OMCGs may own or
have interests in outwardly legitimate
businesses, including in the finance,
transport, private security, entertainment,
natural resources and construction
industries. However in a number of
instances, these interests have also been
used to facilitate organised crime.
OMCGs are also no longer isolationist
groups. They may provide their
‘expertise’ or ‘services’ to traditional
organised crime groups on a contractual
basis in order to establish a presence
in a crime market or to facilitate the
commission of a crime. This might
include debt collection, extortion,
blackmail, intimidation and violence.7
OMCGs themselves also hire or recruit
external expertise when needed. They
may rely on professionals such as
lawyers, accountants, chemists and real
estate agents to assist in their crimes or
to create complicated structures that hide
the proceeds of their crimes. As OMCGs
become more sophisticated they are
also taking advice from public relations
consultants to improve their public image
and actively collaborating to mount
legal challenges to legislation aimed
at disrupting their criminal activities.
They often recruit street gangs to
undertake the higher risk aspects of
their criminal enterprise, and have been
known to enter into partnerships with
ethnic-based criminal organisations to
distribute drugs or commit other crimes.
These connections with more traditional
crime groups appear more prevalent
and reflect the more diverse ethnic
composition of some OMCG chapters.
Links to Other Crime Types
Members of OMCGs are involved
in many aspects of serious crime in
Australia. These include:
■■
production and distribution of drugs
■■
vehicle rebirthing
■■
serious assault
■■
use and trafficking of illegal firearms
■■
serious frauds
■■
money laundering
■■
extortion
■■
prostitution
■■
robbery
■■
organised theft
■■
property crime
■■
bribing and corrupting officials
■■
tax evasion
■■
arson.
Government Response
The Australian Government launched
the Organised Crime Strategic
Framework in November 2009 to ensure
Commonwealth agencies are working
together to prevent, disrupt, investigate
and prosecute organised crime. As
part of the Framework, the ACC has
produced two biennial classified
Organised Crime Threat Assessments
(OCTAs) which identify the highest
organised crime threats to the Australian
community. The OCTA informed the
development of the Government’s
inaugural Commonwealth Organised
Crime Response Plan (OCRP) in 2010 to
help prioritise Commonwealth agencies
resources against these threats.
Recognising that organised crime
is a national issue that requires a
nationally coordinated response, the
Commonwealth and the States and
Territories agreed to the National
OCRP 2010-13 in 2010 to strengthen
multijurisdictional approaches,
coordination, information sharing and joint
activities to combat the national threat of
serious and organised crime. Preventative
partnerships with industry and the
community are part of the strategies
to respond to organised crime. These
organised crime fact sheets describe the
breadth and impact of organised crime
activities and provide an insight into how
industry and the community can help
combat organised crime.
This advising was developed
in collaboration with AttorneyGeneral’s Department and
Australian Taxation Office.
Endnotes
1. Lozusic, R 2003, Gangs in NSW, Briefing paper number 16/02; NSW Parliamentary Library
Research Service.
2. Ibid.
3. Barker, T 2005, ‘One Percent Biker Clubs, A Description’, Trends in Organized Crime, 9 (1): 111,
doi:10.1007/s12117-005- 1005-0, ISSN 1084-4791, Springer, New York.
4. Schloenhardt, A 2007, The market for amphetamine-type stimulants and their precursors in
Oceania, Australian Institute of Criminology, p. 32.
5. ‘Australia’s biker gangs wage violent turf war’ 2007, Reuters, 11 May.
6. Ibid.
7. Ibid.
15
Australia’s Most Dangerous Bikie Gangs
Australia’s most dangerous
bikie gangs
With bikies in the news, Larkin Harrison conducted a special report on
Australia’s most dangerous outlaw motorcycle gangs.
Recent Australian Crime intelligence
reckon 3500 fully patched members
represent more than 35 clubs. A source
claims there are nearly 20,000 associates
and nominees.
The most dangerous gangs include
The Rebels with 2000 members. There
are also the Gypsy Jokers, Coffin
Cheaters, Bandidos, The Black Uhlans
and the Finks described as the most
disorganised but most violent, according
to Professor Arthur Veno, author of The
Brotherhoods.
Though disputed by most bikie clubs,
the Australian Crime Commission has
reported that the main source of income
for bikie gangs is the importation of
firearms, dealing amphetamines and
pot, counterfeiting, tax evasion, extortion,
money laundering and trafficking in
Bikie gangs consequently fight for control
to conduct business in their territory and
violence even extends to women, historic
gang differences, inner-club politics and
personal feuds.
Gypsy Jokers
Comancheros
Territory: Chapters in WA, Vic, SA and NSW.
Territory: Three chapters in Sydney.
Violence: In 1994, 15-20 Jokers severely bashed an Adelaide
publican and waiter. Minh Van Pham was beaten unconscious
and permanent injuries included intellectual impairment and
memory loss.
Violence: In 1983, the Comancheros called a meeting with the
Loners motorcycle club to call a truce. Instead, the Loners were
met by two carloads of Comancheros and beaten and forced to
surrender their club emblems.
Estimated members: 120-150*
■■
■■
In 1984, Jokers waged a two-year war with the
Comancheros.
WA’s former chief detective Don Hancock and his mate
were blown up by a car bomb in 2001, with one Gypsy Joker
admitting that he planted the bomb.
Death: In 2000, Gypsy Joker Billy Grierson was shot by
a sniper in Kalgoorlie and there were allegations that Don
Hancock was the shooter.
Coffin Cheaters
Estimated members: 200-300*
Territory: Three chapters in Perth, two chapters in Vic, two in
NSW and two in QLD. Plus there’s three Norwegian chapters.
Violence: In the 1970s, five Cheaters were convicted of raping
a rival club president’s girlfriend.
■■
■■
In 1976, the Cheaters nearly beat two Resurrected members
to death and raped the president’s 19-year-old girlfriend. Six
members were convicted of assault, burglary, wounding,
theft and rape.
In 2000, a court heard that Cheater Mark Hinchcliffe
convinced his wife to murder her lover Michael Wright.
Deaths: A Cheater tried to attack three girls hiding in the closet
and was shot dead by an 18-year-old girl .
■■
18
stolen goods. And former Bandidos
insider and police informant Steve Utah,
now in hiding, says he was even involved
in wildlife smuggling.
In 1998, Cheater Mark Chabriere was blasted to death
in Perth.
Estimate members: 80-100
■■
■■
In 1984, the Comancheros and Bandidos were involved in
the Milperra massacre, a bloody shoot-out on Father’s Day
which left seven people dead, including two Bandidos and
an innocent 14-year-old girl.
In March 2009, it was reported that the Comancheros
were responsible for bashing the brother of a Hells Angels
member to death with a metal bollard at Sydney airport.
Four men have been charged over the brawl.
Deaths: In 1999, the tortured body of Commanchero Peter
Ledger was dumped at his estranged wife’s Sydney home.
Comanchero ‘Sergeant-at-Arms’ Ian Raymond Clissold was
jailed for manslaughter over Ledger’s death
■■
A total of four Comancheros died during the Milperra
massacre.
Australia’s Most Dangerous Bikie Gangs
Notorious
Bandidos
Estimated members: approximately 24-30. Made up of mostly
Pacific Islanders and Middle Eastern men from Sydney’s West.
Members are senior former members of the now-defunct
Nomads Parramatta chapter.
Motto: F–k the world. We are the people our parents warned
us about.
(bikies without bikes, who are known to wear T-shirts and Nike
shoes )
Violence: In March of this year, a solicitor who had represented
members of Notorious had a gun held to her head in bed, while
intruders ransacked her house.
■■
Last week, it was alleged that jailed Notorious members
punched on with a jailed Bandito in Sydney’s Parklea prison.
Deaths: In 2008, Todd O’Connor, a former Nomads bikie who
was said to have been a founding member of the Notorious
gang, was shot dead in a Sydney back street. Another exNomads bikie who switched allegiance to Notorious was the
victim of a car bombing in Sydney’s North Shore.
Estimated members: 250 -400 nationally and 2000-2500
worldwide.
Territory: A total of 24 chapters in NSW, Qld, SA and Vic.
Worldwide, there’s chapters in Europe, North America and Asia.
Violence: In 1995, Cairns bouncer Jason Tyler was allegedly
lured from a nightclub to the Bandidos clubhouse and shot in
the leg. A sock was stuffed down his throat and he was kicked
to death.
■■
Deaths: In 2001, Kurri Kurri Bandidos president Rodney
Partington was killed when a bomb blew up in his hands
at a Gypsy Jokers compound.
■■
■■
Hells Angels
Estimated members: 150-250 including their Nomad allies
and 2000-2500 members worldwide.
Territory: Charters in Darwin, Brisbane, Sydney, Adelaide and
Melbourne. Internationally, there’s chapters in North America,
South America, Europe, Russia, South Africa and New Zealand.
Nomads
Motto: Three can keep a secret if two are dead.
Violence: In 2006, five Hells Angels barged their way into a
Kings Cross nightclub. After a bouncer questioned them, he
copped a bullet, as did a woman waiting in line.
■■
■■
■■
■■
■■
In 2006, Angels and Finks fought at a kickboxing tournament
on the Gold Coast among 1600 spectators. Christopher
Wayne Hudson, who had defected from the Finks to the
Angels, was shot in the throat, stomach and back, while two
other Angels were stabbed.
In 2007, Hudson fired six rounds of ammunition from a
handgun at his model girlfriend Kaera Douglas and two
bystanders who came to her aid. One bystander died at
the scene. Hudson received a life.
In 2010, Angels member Peter Zervas was shot in the
shoulder, chest, abdomen and foot. A police source
has alleged that the shooting was orchestrated by the
Comancheros.
In 2010, Hells Angels have put a $100,000 contract on
Comancheros president Mick Hawi after his alleged
involvement in the Sydney airport brawl.
Hells Angel leaders from the US have ordered their Australian
club to restore the gang’s tough reputation by shooting at
any rival Comanchero member “on sight”.
Deaths: In 1998, Hells Angel David Newham was murdered
in Sydney in a drive by shooting.
■■
In 2009, Angels associate Anthony Zervas was blugeoned
to death by metal bollards at Sydney Airport, allegedly by
members of the Comancheros.
In 2000, drug runner and Bandidos associate Milad Sande,
cousin of Danny Sande, the president of the Blacktown
Bandidos chapter, was allegedly murdered on the orders
of a senior Bandido, according to Dead Man Walking.
■■
Former Bandido Russell Oldham, the prime suspect in the
point-blank shooting murder of Bandidos Sydney president
Rodney Monk, put a gun to his head in knee-deep surf in
Sydney’s Balmoral Beach.
Bandidos Sergeant-at-Arms, Sasha Milenkovic and two
fellow Bandidos members were shot dead execution-style
by two Rebels members in the basement of a Sydney
nightclub in 1997.
In 1984, two Bandidos died in the bloody Milperra massacre.
Rebels
Estimated members: 2000 members; they’re said to be
Australia’s largest bikie gang.
Territory: Estimated to be 70 chapters across Australia.
Violence: Bandidos Sergeant-at-Arms, Sasha Milenkovic and
two fellow members were all shot dead execution-style by two
Rebels in a Sydney nightclub in 1997.
■■
■■
In 1997, the Rebels were linked to the shooting death of
housewife Jane Thurgood Dove, who was chased and shot
in front of her children at her home. The real target of the hit
was another blonde woman in the same street.
In 2000, a Rebels nominee was charged with the murder
of a couple in the ACT.
Deaths: 1999 was an especially brutal year for the Rebels:
three members were shot dead in an Adelaide ambush; former
Rebel Sergeant-at-Arms Paul William Wheeler disappeared;
and Rebel Paul Summers died in a machine-gun ambush while
asleep at the Rebels’ clubhouse in Gosford, NSW.
■■
■■
In 2001, convicted amphetamine dealer and Rebels
associate Terry Falconer was abducted while on day-release
from Silverwater prison and his dismembered remains were
found in a river.
2009, two senior Rebels members were shot dead in
Canberra, with a long-time Rebels member claiming
shootings were a result from a bitter love triangle.
* Source: The Brotherhoods by Arthur Veno
(based on estimates) RALPH.com.au’s Larkin Harrison
19
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OMCGs in Queensland
OMCGs IN QUEENSLAND
POLICE RESPONSE
Gold Coast’s bikie tsars exposed as The Courier-Mail
reveals extent of criminal and business links
By Josh Robertson
From The Courier-Mail
Bikie Inc, Gold Coast chapter, is
a web of intrigue: more than 140
companies and $32 million in
property linked to several dozen
men and their associates who
collectively boast almost 300
serious criminal convictions and
800 years of jail time.
Queensland chapters, according
to police.
For the first time, The Courier-Mail can
detail the strength and the criminal
and business links of the Glitter Strip’s
outlaw motorcycle clubs. We can
unveil the growing sophistication and
resourcefulness of the Coast’s outlaw
bikie gangs as they square up against
police armed with new powers such
as asset confiscation, anti-association
laws - so far unused - and powers to jail
uncooperative witnesses.
The local scene is dominated by the
Bandidos and Finks, with four other clubs
- Black Uhlans, Lone Wolf, Nomads and
Rebels - having a significant presence.
Each is highly territorial. The Hells
Angels, although based at Eight Mile
Plains in Brisbane, are also significant
because of suspected links to Gold
Coast crime figures and their enlarged
presence in NSW following a defection
by Sydney-based Bandidos this year.
“Some of the smaller chapters might sit
around and smoke pot and that’s about
it,” a source within Hydra, the QPS squad
targeting bikies, said. “You can’t say the
same thing about the major Gold Coast
clubs.”
There is a sprinkling of outlaw clubs
across the state but nowhere else
has the concentration found on the
Gold Coast.
The prevalence of serious criminality
among Gold Coast club members and
their status as underworld enforcers
distinguishes them from regional
Police link Surfers Paradise nightclub
plan to bikie money laundering
Plans for a multimillion-dollar Surfers Paradise
nightclub have been crushed after police
warned the landlord the venture was a front for
bikies trying to launder cash.
The unlikely frontman for the deal, which police
intelligence has linked to notorious outlaw motorcycle
club the Bandidos, was a Bond University law graduate
in his 20s.
The man, whose identity is known to The Courier-Mail,
said his company had planned to spend $2 million
revamping the site of the former The Drink nightclub,
on Orchid Ave, with backing from a Sydney-based financier.
But the bid to lease the venue fell over after the landlord
received a secret briefing from the police bikie squad, Hydra.
The man and his financier gave the landlord signed statutory
declarations that they had no links to organised crime but
could not save the deal. Both men continue to deny that their
venture had any links to bikies.
The financier, who has family and financial ties to a wellknown franchise chain, said: “I’ve nothing to do with bikies
and I can’t afford to be involved with them because we’re a
family business that’s very big.”
A source close to the deal confirmed the Hydra squad had
tipped off the landlord.
21
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OMCGs in Queensland
Gold Coast criminal tells how guns can be bought
in under two hours thanks to bikie connections
Source: The Courier-Mail
A hardened Gold Coast criminal
has told The Courier-Mail he
could obtain a “very nice”
handgun for about $2000 in
two hours “through bikie
connections”.
The man, who has a criminal history
involving outlaw motorcycle clubs, said
the weapon would be “top of the range,
like a Glock 9mm” and was likely to have
come from a cache of guns stolen during
a break-in and then stored for later use
or sale. “It could be easily procured for
a job,” he said.
A spate of shootings on the Gold Coast,
including the killing of police officer Damian
Leeding during an armed hold-up, has
turned the spotlight on the availability of
illegal guns and last month prompted the
Crime and Misconduct Commission to
add firearms to its priority list.
The pool of illegal weapons in
Queensland was boosted in recent
months by a mass theft of 200 guns
from a source that police have refused
to disclose. But law enforcement
experts insist they see no sudden
upsurge in the demand for, or use of,
firearms to commit crime.
anything more than opportunistic
involvement,” a senior officer said.
This is despite unregistered weapons
attracting much higher prices than
legitimately held ones.
One senior police officer pointed out that
most armed robberies did not involve
firearms.
He said that if it appeared there was
a greater propensity for criminals to
shoot people it had more to do with their
mental capacity at the time of the crime
- likely to be affected by drugs - than the
availability of illegal handguns.
The mass gun theft was disclosed by the
CMC last month when the body added
firearms to its permanent list of matters
to investigate.
But CMC officers separately told The
Courier-Mail that they had not identified
the import or conversion of weapons
as a significant source of income for
organised criminals in Queensland.
“We have no intelligence indicating
A Glock pistol - like those used by
Queensland police officers - can be
bought new by a holder of the appropriate
licence from a legitimate dealer for about
$800 - less than half its street value.
Semi-automatic pistols such as the Glock
and revolvers are favoured by some
criminals because they are concealable
and give the owner underworld status.
Arms dealer Robert Nioa said that
because of tight controls over handguns
in Australia, the most likely source for
new ones was importation - where he
saw holes in enforcement.
“The number of containers screened,
my understanding is that it’s very very
low, of general consignments of foreign
goods, motor cars, machinery parts,
metal instruments,” he said. “If that’s the
case, it would not be difficult to import
components of firearms, split it over
multiple shipments, hidden in all sorts
of consignments, and consolidated at
a later time.”
Outlaw motorcycle clubs attempting to open
clubhouses and tattoo parlours in Brisbane’s
West End and Fortitude Valley
A nascent chapter of Bandidos whose
members do not even ride motorcycles
is seeking a Valley clubhouse,
according to police sources.
Fortitude Valley - despite its historical
links to organised crime - was an
“untapped area” for outlaw motorcycle
clubs, the police source said.
The development has echoes of the
“Notorious” gang in Sydney connected
to organised crime figures John
Ibrahim and the Sarkis brothers.
The Hells Angels tried last year to find a
lease on a new clubhouse in West End.
That group styled itself as a motorcycle
club but members - so-called “Nike
Bikies” - failed to win recognition from
outlaw clubs because they were not
sufficiently interested in bikes.
Hells Angels Brisbane president
Mark Nelms declined to comment. “It
wouldn’t matter if you were the Queen
of England, we don’t comment to
anybody,” he said.
The Bandidos’ existing footprint in the
Valley includes Valley Ink, a Brunswick
St tattoo parlour opened by Gold Coast
chapter president Sava Cvetkovic.
An underworld source said that a
senior member of Highway 61, a club
with New Zealand roots, also had
sought to open a parlour on West
End’s Boundary Street.
The last known attempt at bikie
infiltration of Gold Coast nightclubs was
when Global Group Security looked at
providing bouncers for several clubs
about seven years ago.
23
OMCGs in Queensland
Public safety the priority for QPS
A range of statements and issues have
been raised in recent times in relation to
activities of Outlaw Motorcycle Gangs
(OMCGs) on the Gold Coast.
I would like to take a moment to
address some of these, and to put
them into a context that hopefully will
bring both value and perspective to
this important issue.
The Queensland Police Service’s first
and most important priority is public
safety.
This responsibility is at the very core of
everything we do.
The people of Queensland expect us to
do everything in our power to disrupt,
prevent, and where necessary, respond
to illegal activity, including the illicit
activities of OMCGs.
This is exactly what we do, day in and
day out. We do all we lawfully can.
Much of our work in relation to OMCGs
remains, by necessity, covert and out of
the public eye, however a lack of visibility
should not be confused with a lack of
activity.
The reality is that the QPS is always
monitoring what is happening through
the OMCGs, both in Queensland and
nationally.
For example, a national gathering of the
Gypsy Jokers OMCG is taking place within
South Eastern Queensland this week.
The QPS is actively planning and will
manage this activity to ensure public
safety and address any criminal activity
or traffic infringements should they occur,
using resources from the regions, State
Traffic, Operations Support Command
and State Crime Operations Command
and spearheaded by Taskforce Hydra.
Taskforce Hydra is a dedicated team of
intelligence and investigative officers who
work closely with the regions and other
specialist areas to tackle OMCGs.
Taskforce Hydra has been in operation
since 2007, and in that time, 972 people,
mostly members and associates of
OMCGs have been charged with some
2700 offences, including serious crimes
such as attempted murder, arson, torture,
firearms offences, and drug trafficking.
This includes investigating the arson of
the Rebels Clubhouse at Albion, where
members of the Bandidos OMCG were
convicted and jailed.
We have very strong intelligence sharing
networks throughout the country, and
we make sure that we gather as much
intelligence as we can, through a whole
range of channels, including our own
officers, who are interacting with the
public every day throughout the State.
As an aspect of this we regularly produce
Intelligence Information Bulletins, but that
does not mean that extreme violence
between OMCGs is imminent.
In a large and decentralised State
such as Queensland, it is essential that
Brisbane-based specialist units such
as Taskforce Hydra exist and are able
to coordinate information, intelligence
and police activity and support their
colleagues State-wide.
The recently announced five-officer
Illegal Firearms Squad is an example
of that – illegal firearms activity exists
across the State also.
We are always concerned and aware of
the potential for conflict between OMCGs
competing for lucrative illicit activities.
We took appropriate action after the
recent disagreement and physical
altercation between members of two
different OMCG groups at a Gold Coast
Nightclub.
While we are monitoring – and will
continue to monitor the situation very
closely, we have nothing to indicate
at present that there is anything more
serious planned. If that changes, we
will take all necessary action, including
informing the public.
We are keenly conscious of our
responsibilities to the people of
Queensland, and our commitment
to public safety is whole-hearted.
Bob Atkinson APM
Commissioner
Queensland Police Service
www.silvertop.com.au
24
OMCGs in New South Wales
OMCGs IN NSW
POLICE RESPONSE
NSW has called on the federal government
to implement national anti-bikie laws
By Lanai Vasek
From The Australian
NSW Premier Barry O’Farrell has
called on the Gillard government
to immediately implement
national laws against outlaw
bikie gangs following the sixth
shooting in Sydney this week.
Amid accusations by the Gillard
government that NSW was lagging on
national productivity reforms, Mr O’Farrell
said he was “disappointed” Julia
Gillard had not done more to champion
Australia-wide bikie-gang laws.
Premier O’Farrell said outlaw
motorcycle gangs operated without
regard for state borders.
“We saw under Prime Minister (John)
Howard after the Port Arthur massacre
that a federal government that is
motivated and that wants to show
leadership can take tough and speedy
action to crack down in these sorts of
areas,” he said.
“We need to ensure that there are
nationally consistent laws for outlaw
motorcycle gangs across all states.
“That’s the only guarantee that we’re
going to have that we solve this problem
across the country.”
The High Court ruled previous legislation
in NSW targeting the groups “invalid”.
Mr O’Farrell said he had written to Julia
Gillard following the High Court ruling
in June last year urging her to push
for national laws targeting motorcycle
gangs.
The Premier said he received a response
from the Prime Minister in September to
say the matter would be referred to the
committee of Attorneys-General.
He said the move fell well short of the
action required.
The latest shooting in Sydney occurred
last night when at least two bullets
were fired at a home in Yennora in the
city’s west.
A mum and her two daughters, aged
16 and nine, were inside at the time but
were unhurt.
National bikie laws the answer - Premier
Anna Patty, Geesche Jacobsen
February 15, 2012
Doubts have been raised about whether
the state’s new anti-bikie gang legislation
would survive a High Court challenge.
organisation and to have control orders
imposed which prohibit members from
associating with each other.
The Premier, Barry O’Farrell, admitted
yesterday the only way to ensure state
bikie laws would not be challenged was
through national action.
“Importantly, judges will now be required
to give reasons for declaring a criminal
organisation, which will address a key
issue in the High Court decision which
struck down NSW bikie laws last year,”
Mr Smith said.
‘’Outlaw motorcycle gangs are cashed
up because of their illegal activities,’’ he
said. ‘’They will mount further challenges
to any state that legislates.
‘’The best way to guarantee that
legislation can’t be challenged by
the High Court is to have national
legislation.’’
As signalled by the Herald last month, the
NSW Attorney-General, Greg Smith, said
yesterday he would introduce legislation
to repair a section of the anti-bikie gang
law introduced by the Rees government
in 2009.
He said the laws would enable police
to apply to an eligible Supreme Court
judge to have a gang declared a criminal
The president of the NSW Law Society,
Justin Dowd, said unless the amended
legislation overcame all the hurdles
referred to in last year’s judgment ‘’there
must remain some doubt about the
validity of that legislation’’.
The barrister who led the challenge
against the NSW laws said the changes
did not seem to address all issues. Mark
Robinson, SC, said the High Court had
quashed the legislation after identifying
one defect, but had not needed to rule
on several other issues. He said the
main issue appeared to be if the process
involving Supreme Court judges ‘’does
“Outlaw motorcycle gangs are cashed up because
of their illegal activities” ... The Premier, Barry
O’Farrell. Photo: Vicky Hughson
not look like a Supreme Court, or takes
away from its authority or … its integrity’’.
He said the legislation stopped people
who were not involved in criminal
activities from talking to each other. ‘’I
can’t see it’s constitutionally authorised.’’
A law lecturer at the University of NSW,
Nicola McGarrity, said it was likely the
legislation ‘’would pass constitutional
muster’’ after amendments to require
judges to give reasons for declaring a
criminal organisation were made.
25
OMCG member arrested following
drug manufacture investigation - Raptor
By NSW Police Force on Thursday, February 23, 2012 at 2:37pm
An alleged senior member of the Rebels
Outlaw Motorcycle Gang was arrested
yesterday after police located a number
of clandestine drug laboratories in
Sydney’s west.
Strike Force Raptor has been
investigating an alleged drug
manufacturing syndicate since last year,
discovering a dismantled clandestine
laboratory, used for the manufacture of
methylamphetamine (‘Ice’), at Castle Hill
on 22 September 2011.
A large quantity of precursor chemicals
and drug manufacturing equipment was
seized from the property and one man
remains before the court.
Following ongoing inquiries, Strike
Force Raptor officers and Gangs Squad
detectives, assisted by the Drug Squad’s
Chemical Operations Team, executed
search warrants at one home in Lalor
Park and two homes in St Clair yesterday
afternoon (Thursday 23 February 2012).
At Heffron Road, Lalor Park, they
located precursor chemicals, drug
manufacturing equipment, more than
$50,000 cash and small amounts
of drugs.
An alleged senior member of the Rebels,
aged 42, was arrested and charged with
possess precursors for the manufacture
of prohibited drugs, recklessly deal
with the proceeds of crime and supply
prohibited drug. He was refused bail to
face Blacktown Local Court today.
A 26-year-old woman will be issued
a court attendance notice for possess
prohibited drug and possess restricted
substance, to appear at court at a
later date.
At Auber Street, St Clair, police found
a dismantled clandestine laboratory
with precursor chemicals and drug
manufacturing equipment still on site.
A cannabis plant, a slingshot and a small
amount of ‘Ice’ were also located.
A 37-year-old woman located at the
home will be issued with a court
attendance notice for possess prohibited
drug and possess prohibited weapon,
to appear at court at a later date.
At Explorers Way, St Clair, police seized
a dismantled ‘box’ lab containing drug
manufacturing equipment, precursor
chemicals and a guide to manufacturing
prohibited drugs.
Inquiries into the alleged drug
manufacturing syndicate are continuing
and Strike Force Raptor officers
anticipate further arrests.
Hells Angels bikie war will explode in Kings Cross
March 4, 2012 The West Australian’s State Political Editor Gary Adshead
Police investigating the Hells Angels have launched a new taskforce amid fears a full-blown bikie war
will explode in Kings Cross.
The Sunday Telegraph can reveal the
operation, code-named Strike Force
Cheviot, was set up after 40 to 50
members of the Hells Angels descended
on the red-light district last month. Police
believe the “unprecedented” act may
have been designed to send a message
to rival bikie group Nomads, which have
long controlled security in the area.
Detective Superintendent Arthur
Katsogiannis, commander of the NSW
Gangs Squad, said police had been
watching the situation closely since the
February 5 incident. “Yes, we are aware
and monitoring the situation with what
happened at Kings Cross that night with
the Hells Angels”.
Mr Katsogiannis told The Sunday
Telegraph. “It was an unprecedented
act from the Hells Angels and that’s why
it’s important the Gangs Squad involved
ourselves from the beginning. “Safety of
the community is our top priority and we
will not be allowing any OMCGs (outlaw
motorcycle gangs) to carry on with that
type of behaviour”.
Police are investigating a possible
outbreak of violence between the
Nomads and the Hells Angels, who have
been on an expansion and recruitment
drive for months around Sydney. It is one
of several lines of inquiry being probed
by Cheviot detectives. They are also
looking at a credible allegation that Hells
Angels members went to Kings Cross to
confront a member of the Nomads clan
who works in the area. The man, who
for legal reasons cannot be named, was
formerly a member of the Hells Angels
but “patched over” several months ago.
Since then he has been performing
unofficial security tasks for nightclub
premises in Kings Cross, including
venues aligned with local identity
John Ibrahim.
Law enforcement sources said when the
Hells Angels descended on the nightspot
they arranged themselves across the
road from a club where the man was
believed to be working, and demanded
he come outside. “That forms part of
several lines of inquiry we are looking
at,” Mr Katsogiannis said, adding that
officers from Strike Force Raptor were
patrolling Kings Cross on the night of the
incident and quelled the situation. “If they
(Raptor police) didn’t intervene at the
time, it could have been a lot worse”.
Police have connected the Nomads
member with some of the recent
shootings across southwestern Sydney,
continued on page 29
27
PO Box 2160, Darwin, 0801
Ph: (08) 8948 4374 Fax: (08) 8948 1173
www.kalidonis.com.au
Proudly supporting the Australian Federal Police Association
14 Antwerp Street, Bankstown, NSW, 2200
Ph: (02) 9785 9262
Proud Supporter of Crime Prevention & Safety in the Local Area
continued from page 27
all of which are under investigation.
In November, The Sunday Telegraph
revealed the individual was the target of
a drive-by attack at an Oporto restaurant
in Merrylands, which occurred two days
after he was released from custody.
Mr Katsogiannis said Strike Force
Cheviot officers, would continue
weekend patrols of Kings Cross to
prevent any outbreaks of violence for
“as long as it takes”.
The often used “getting tough on bikies”
catchcry has become the organised
crime equivalent of “taking it one game
at a time” in the world of sport.
It’s a glib one-liner trotted out routinely
to the media when the bikies have done
something which makes headlines and
leaves our police and governments dutybound to respond.
In 1998, rival outlaw motorcycle gangs
(OMCGs) waged a deadly war in Perth
and the then Liberal government decided
to get tough.
When a retired police chief and his
mate were assassinated by a bikie car
bomb in Lathlain in 2001, the then Labor
government promised to get tough.
The same chest-thumping occurred
nationally in 2009 when the
Comancheros managed to bash a Hells
Angels associate to death in front of a
terrified public at Sydney Airport.
Those examples and many more have
helped drive the latest anti-bikie pledge
- this time from the Barnett Government
- to get tough, declare war, bust, crack
down and so on.
Having written thousands of words about
the illegal activities of bikies and been
on the receiving end of threats, Inside
State has for many years understood that
combating the outlaws requires a unique
and unequivocal approach.
The problem is it should have
happened in WA in the early 1990s,
when the threat posed by the gangs
was recognised by police and politicians
were warned.
Many gang members choose a life
away from mainstream society with the
intention of using their club’s patch,
muscle and code of silence to profit from
a range of crimes.
Our legislators were told that in no
uncertain terms during a presentation
to a parliamentary committee on
November 11, 1993.
Police said greater powers were needed
to help thwart the burgeoning bikie-gang
danger.
The report even pleaded for powers
similar to the racketeering statutes, or
RICO laws, used in the United States.
“A government serious about the fight
against organised crime must give
serious consideration to enacting similar
legislation,” the committee was told.
A staggering 18 years later - almost to
the day - Attorney-General Christian
Porter has done just that with the latest
move to get tough on bikies.
It goes without saying that the horse has
well and truly bolted.
Elected in 2008, Mr Porter would be
justified in arguing that he has moved as
fast as practicable to stamp his authority
on the OMCGs by introducing antiassociation laws to State Parliament.
He arrived on the political scene with
plenty of insight having been a State
prosecutor overseeing the use of
proceeds of crime laws.
But after almost 20 years of rhetoric,
and the snail’s-pace creation and use
of other “crime busting” legislation,
certain facts stand out - the number of
gangs operating in WA has doubled and
their criminal enterprises have spread
nationally and overseas.
To tell voters that WA will soon have the
“toughest organised crime laws in the
nation” might be admirable, but it’s also
hard to swallow given the history of the
issue.
In around 2001, for example, a proactive
WA detective gladly took on the brief of
finding the best way to prevent bikies
and other groups from setting up and
maintaining crime networks.
He quickly discovered a powerful
suite of laws under a US model known
as Continuing Criminal Enterprise
legislation.
“The importance of the criminal
enterprise statutes comes from their
potential to break up the associations
of highly placed drug traffickers or
to incapacitate criminals who direct
complex illegal activities,” said a
background document on CCE.
Instead, it has gathered dust and the
bikies have gained strength.
The cornerstone of this latest approach
to the bikie peril is to have a serving or
retired judge “declare” a gang a criminal
organisation.
If an application from police or the
Corruption and Crime Commission
seeking a declaration is successful, the
other potent ingredients of the laws could
come into play.
Gang members can be banned from
associating with one another and
mandatory minimum jail terms can be
dished meted out to those guilty of
breaching such a ban.
Recruiting others to join a declared
criminal organisation would also be an
offence as would instructing others to
commit crimes to benefit the gang.
Some lawyers and civil liberties
advocates see major problems in the
planned legislation because it targets
civilians based primarily on who they mix
with and can take away their rights even
before they are found guilty of any crime.
Like the proliferation of the gangs while
the politicians have banged on about
getting tough, another set of facts can’t
be ignored by those who want to defend
the bikies.
They manufacture and distribute drugs
that can end or destroy lives. They
dabble in extortion. They are players in
the weapons black market. They revel in
the fear they can instil through the force
of numbers and reputation.
They have murdered and maimed in
the name of their motorcycle club. If
that’s not enough they operate under a
paramilitary-style structure and refuse to
co-operate with police trying to solve the
most serious of crimes.
They can’t seriously complain that
successive governments have tried to
get tough with them.
But WA voters have the right to question
how long it has taken those governments
to reach this point.
Inside State has had a copy of that since
October 2001, which might explain our
cynicism a decade on.
CCE could have been used to lay the
foundations long ago.
29
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Media Release Archive
Rebels bikies arrested after
drugs and cash seized Taren Point
Two arrested and firearms
seized - Strike Force Raptor
Wednesday, 14 March 2012 03:31:14 AM
Four firearms have been seized and two
men charged after investigations into an
assault involving alleged members of the
Hells Angels Outlaw Motorcycle Gang
(OMCG).
Alleged OMCG member to
face drug, firearms charges
- Middle Eastern Organised
Crime Squad
Police in Sydney’s south have arrested
two Rebels outlaw motorcycle gang
(OMCG) members after seizing drugs
and cash during a vehicle stop.
About 8.30pm yesterday (Tuesday
13 March 2012), police attached to
Operation Spartan were patrolling
Atkinson Road, Taren Point, when they
stopped a silver-coloured Lexus sedan.
Wednesday, 14 March 2012 03:43:28 PM
Officers from the Gangs Squad’s Strike
Force Raptor have been investigating a
brawl in a fast food car park at Woodbine
on 4 September 2011.
An alleged high-ranking member of the
Hells Angels Outlaw Motorcycle Gang
(OMCG) will face court today on drug
and firearms charges.
About 11.30pm on Friday 13 January
2012, officers attached to the Middle
Eastern Organised Crime Squad
(MEOCS) Highway Patrol stopped
a vehicle on the Hume Highway,
Campbelltown.
Officers allegedly uncovered more than
300 MDMA (ecstasy) tablets and almost
$22,000 in cash.
Following extensive inquiries, Strike
Force Raptor officers assisted by
the South-West Metropolitan Region
Enforcement Squad executed a search
warrant at a home in Steveys Forest
Road, Oakdale, just before 7am today
(Wednesday 14 March 2012).
The men, who have known links to
a local chapter of the Rebels OMCG,
were arrested and taken to Sutherland
Police Station.
Inside the home, police located a
revolver, a semi-automatic pistol and two
rifles, as well as ammunition, cannabis
and other items.
The four male occupants of the car
denied ownership of the weapon and
were allowed to leave pending further
inquiries.
During a follow up search of one of the
men, police allegedly found a further
$3400 in cash concealed between his
buttocks.
A 50-year-old man was charged with
affray, assault, and firearms and drug
offences. He was refused bail to
face Campbelltown Local Court this
afternoon.
Following forensic examination of the
gun, MEOCS detectives attended a
residence in Harris Street, Merrylands,
about 2.40pm yesterday (Tuesday 20
March 2012).
A 23-year-old man was charged with
affray and armed with intent to commit
indictable offence. He was granted
conditional bail to face Campbelltown
Local Court on 11 April 2012.
A 26-year-old man – one of the men
involved in the original vehicle stop –
was arrested at the address and taken
to Merrylands Police Station.
Two men were removed from the vehicle
and it was then searched.
The 24-year-old man was charged
with supply prohibited drug, goods in
custody and recklessly deal with the
proceeds of crime.
He was refused bail to appear
in Sutherland Local Court today
(Wednesday 14 March 2012).
The other man, 25, was released without
charge pending further inquiries.
The woman was released pending
further inquiries.
Inside the vehicle, police located a
loaded .45-calibre firearm and a large
sum of cash.
During a subsequent search of the
man’s house, police seized 470 grams
of cannabis. Detectives also allegedly
located an amount of cannabis in the
man’s car.
The man was charged with possess
unauthorised pistol; possess
unregistered firearm; not keep firearm
safely; possess ammunition without
licence/permit; knowingly deal with
proceeds of crime; possess prohibited
drug; and supply prohibited drug.
He was refused bail to appear at Fairfield
Local Court today.
Police will allege the man is a highranking member of the Hells Angels
OMCG.
31
Rebels associates arrested
after firearms and cannabis
seized - Strike Force Raptor
Strike Force Raptor marks
three years of targeting
outlaw motorcycle gangs
Thursday, 29 March 2012 02:03:24 PM
Two associates of the Rebels outlaw
motorcycle gang (OMCG) have been
arrested after police seized three
firearms, ammunition and cannabis from
a south-western Sydney home.
A criminal group has been dismantled
and 1696 people have been arrested
in the three years since a special strike
force was set up to target the criminal
activities of outlaw motorcycle gangs
(OMCGs).
On Friday 23 March 2012, officers from
the Gangs Squad’s Strike Force Raptor
executed a search warrant at Guthega
Crescent, Heckenberg, seizing two .22
calibre rifles, a sawn-off .22 calibre rifle,
ammunition, cannabis and a slingshot.
No-one was arrested at the time.
Yesterday morning (Tuesday 27 March
2012), two males, aged 22 and 17 and
alleged to be associates of the Rebels,
attended Campbelltown Police Station
and were placed under arrest.
The 22-year-old man was charged with
three counts of possess unregistered/
unauthorised firearms, three counts of
not keep firearm safe, possess shortened
firearm and possess ammunition.
He was granted conditional bail to
face Campbelltown Local Court on
18 April 2012.
The teenager was charged with possess
prohibited drug and granted conditional
bail to face Campbelltown Children’s
Court on 16 April 2012.
Strike Force Raptor was established by
State Crime Command’s Gangs Squad
in March 2009 following an escalation
of violence relating to conflict between
rival groups.
It is a proactive and high-impact
operation targeting outlaw motorcycle
gangs, their associates and any
associated criminal enterprises.
The results to date have included:
■■
■■
■■
■■
■■
■■
1696 people arrested.
3857 charges laid, including riot and
affray, assault causing grievous bodily
harm, assault police, manufacture
prohibited drugs and firearms
offences.
387 firearms seized, including long
arms and handguns.
$2.2 million cash seized.
Numerous drugs seized, including
cannabis, ecstasy, amphetamines,
heroin, steroids and magic
mushrooms.
Four clandestine laboratories
dismantled and numerous drug
manufacturing items seized, including
a pill press.
“This has been a highly-successful
operation and the results demonstrate
the need for us to keep the pressure
on outlaw motorcycle gangs and their
associates,” Commander of the Gangs
Squad, Detective Superintendent Arthur
Katsogiannis, said.
“Our key strategy is to maintain public
safety and send the message that we will
not tolerate public acts of violence.
“One of our biggest wins has been the
dismantling of organised crime group
Notorious.
“Notorious was an organised criminal
network closely associated with
OMCGs and some of its members were
responsible for numerous public place
shootings and other criminal activities.
“In addition to that, we’ve taken 387
firearms off the street and laid hundreds
of charges relating to other public acts
of violence.”
Det Supt Katsogiannis praised both the
members of Raptor for the excellent
results to date and the community for
their ongoing assistance to target OMCG
activity.
“A code of silence is often associated
with this type of criminal activity and
information provided by members of the
public is of great assistance,” he said.
“I would encourage the community
to continue to assist us by providing
information anonymously to Crime
Stoppers on 1800 333 000.”
A reward of up to $1000 is payable for
information that leads to an arrest or
conviction.
Another man charged following investigations into OMCG - Strike Force Oriental
Friday, 06 April 2012 11:14:30 AM
Police have arrested and charged
another man following investigations
into an Outlaw Motorcycle Gang on the
state’s north coast.
Strike Force Oriental – comprising
officers attached to Coffs/Clarence
Local Area Command – was
established in January 2011 to
investigate the alleged criminal activity
involving members and associates of
the Lone Wolf OMCG.
32
The Strike Force was established
following a series of violent offences,
including home invasions, in the region.
He was refused bail to appear in Coffs
Harbour Local Court today (Friday 6
April 2012).
On Thursday 5 April 2012, a 47-year-old
man attended Coffs Harbour Police
Station where he was arrested.
Strike Force Oriental officers have now
arrested fourteen people and laid 65
charges following dawn raids in Coffs
Harbour, Coramba, Middle Boambee,
Sawtell and Toormina on Wednesday
4 April 2012.
The man was subsequently charged
with break, enter and commit serious
indictable offence in circumstances
of special aggravation and participate
in criminal group.
Gang Leader Convicted For the Murder
of Greek-Australian Antonis Zervas
By Areti Kotseli on April 10, 2012 in News
Former national president of the
Comanchero Motorcycle Club,
Mahmoud ‘‘Mick’’ Hawi, 31, was
sentenced to a minimum 21 years for
the brutal murder of a Greek outlaw
motorcycle gang rival at Sydney Airport
in March 2009.
He was also sentenced to three
years and six months for affray and
will be eligible for release on November
15, 2030.
Still a member of the Comanchero
gang, but having since stepped down
as its national president, Hawi was
found guilty on November 2 last year of
murdering Antonis Zervas, 29, a Hells
Angels motorcycle club associate,
in a violent brawl on March 22, 2009.
The Greek victim was bludgeoned with
a 12-13 kilogram bollard and stabbed
in the chest and abdomen during the
airport brawl.
Hawi was the only one of six
Comancheros convicted of the murder.
In sentencing Hawi, Justice Robert
Hulme of the Supreme Court said
today Hawi had no history of drug
and alcohol abuse and with the
continued support of his mother, wife
and two sons, had good prospects of
rehabilitation and was unlikely to reoffend upon release.
Guns and drugs seized Strike Force Raptor
Houses raided as part of
investigations into Kings
Cross brawl - Gangs Squad
Wednesday, 11 April 2012 08:55:03 AM
Police have seized three firearms and
a large amount of amphetamine after
raiding the home of an alleged member
of the Rebels outlaw motorcycle gang
(OMCG).
Officers from the Gangs Squad’s Strike
Force Raptor executed a search warrant
on a home at Adderton Road, Telopea,
just after 1pm yesterday (Tuesday 10
April 2012).
Inside a vehicle, police located a six-shot
Ruger revolver, a six-shot Smith and
Wesson revolver, about 120 rounds of
ammunition and approximately 1kg of
amphetamine.
A shotgun and further amounts of
prohibited drugs were located inside
a garage.
Police arrested three men, a 42-year-old
alleged member of the Rebels OMCG
and two associates, aged 31 and 19.
They were taken to Parramatta Police
Station before being released pending
further inquiries.
All items seized will undergo forensic
examination.
Inquiries by Strike Force Raptor officers
are ongoing and charges are anticipated.
Thursday, 12 April 2012 09:44:34 AM
Officers from the Gangs Squad have
raided six houses as part of their
investigations into a brawl involving
alleged members of the Hells Angels
outlaw motorcycle gang (OMCG).
The incident happened at Kings Cross
about 12.15am on Sunday 5 February
2012, when a number of people from
a group of about 50 Hells Angels were
allegedly involved in a brawl with other
people.
Since then, Strike Force Cheviot
detectives have been conducting
extensive investigations into the incident.
Officers from Strike Force Raptor have
also been conducting high-visibility
patrols in the Kings Cross area on a
regular basis.
About 7am yesterday (Wednesday 11 April
2012), Gangs Squad officers executed
six simultaneous search warrants at the
homes of Hells Angels members and
associates in Wentworthville, Emu Plains,
Macquarie Fields, Ryde, Smithfield and
the Sydney CBD.
At Wentworthville, police seized
ammunition, fireworks, equipment and
Frederika Bromwich, mother of victim
Anthony Zervas, sobbed as the sentence
was handed down and said outside the
court that she had “lost her son.”
“I just pray that [Hawi] gets the
punishment he deserves. My son
didn’t deserve to die, not that way,”
Bromwich said.
Justice Hulme said that although
the brawl was ‘‘not something that
was planned,’’ it was clear that the
Comancheros’ were the ‘‘aggressors’’
in the attack. He said witnesses were
left ‘‘shocked, horrified and scared’’
in a place where they were ‘‘entitled to
expect safety and security’.’
chemicals used in the manufacture
of prohibited drugs and other items.
Inquiries into the drug manufacture are
continuing. A 34-year-old man will be
issued a court attendance notice for
possess ammunition and an infringement
notice for handle explosives.
At Emu Plains, police seized a loaded
pistol and ammunition from a vehicle,
as well as a number of tablets believed
to be prohibited drugs and other items.
A 43-year-old man was arrested but has
been released pending further inquiries.
At Macquarie Fields, police seized
a quantity of steroids and other items.
A 26-year-old woman will be issued
a court attendance notice for the offence
of possess anabolic steroid.
At Ryde, police seized a quantity of
steroids and other items. A 23-year-old
man will be issued court attendance
notices for the offences of possess
anabolic steroid.
At Smithfield, police seized a laser
pointer, a small amount of amphetamine
and items.
In the Sydney CBD, police located a
tablets believed to be ecstasy, drug
paraphernalia and other items.
Officers will now conduct further
examination of all the items seized and
anticipate making numerous arrests.
33
555 people charged
following state-wide
proactive-policing initiative
- Operation Spartan
Monday, 30 April 2012 01:05:32 AM
Almost a thousand charges have been
laid following a major intelligencegathering and proactive-policing
operation across NSW this weekend.
The initiative was led by Operation
Spartan, which was established in
January 2012 to investigate gun crime
and criminal gangs.
‘Operation Spartan 27 - 29 April 2012’
started at 4pm on Friday 27 April 2012
and concluded just after midnight today
(Monday 30 April 2012).
The operation involved officers from
Local Area Commands, Regional
Enforcement Squads, Dog Squad, PolAir,
Public Order and Riot Squad, Traffic and
Highway Patrol Command and other
specialist units.
The operation was developed to gather
information on suspects in public-place
shootings, as well as individuals, groups
and organisations linked to criminal
activities – including outlaw motorcycle
and other gangs.
Officers targeted people with outstanding
arrest warrants and conducted a number
of bail-compliance checks through highvisibility policing.
More than 3000 staff were deployed over
three days for the operation and South
West Metropolitan Region and Operation
Spartan Commander, Assistant
Commissioner Frank Mennilli, said
officers worked tirelessly all weekend.
“Operation Spartan officers carried out
1871 inspections of businesses such as
clubs, hotels and tattoo parlours, as well as
993 visits to individuals with links to gangs,”
Assistant Commissioner Mennilli said.
“In addition, we conducted 1783 person
searches and 419 vehicle searches.
“As a result, Operation Spartan arrested
Supporting eligible Australian Federal
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34
555 offenders and laid 908 charges.
“We seized 14 firearms, 17 knives,
quantities of illegal and prescription
drugs and recorded 1401 intelligence
reports.
“Throughout the weekend, we conducted
a total of 23,079 random breath tests,
leading to 107 PCA charges.
“While we are proud of the arrests and
charges laid at the weekend, it’s the
new intelligence that we have gathered
that will most support the goals of
Operation Spartan.
“Every new piece of information we
collect helps us to better understand
these criminals, their gangs and their
methodology, which is the key to
dismantling and disrupting criminal
activity.
“We will not rest until we have all illegal
firearms and weapons off our streets,
and all the people involved in these
crimes are found, locked up and put
before a court,” he said.
OMCGs in Victoria
OMCGs IN VICTORIA
POLICE RESPONSE
Outlaw bikies menace notorious King St, Melbourne
By Jon Kaila
From: Sunday Herald Sun
February 05, 2012 12:00AM
Outlaw bikies are using the
CBD’s King St strip clubs as a
sleazy playground, with senior
police saying the gang members
are drawn to the venues like
“bears to honey”.
Detective Supt Doug Fryer said he was
well aware of the bikie connection in
King St, but said the notorious area was
under constant police surveillance and
any illegal activity would immediately
be stamped out.
Detectives revealed they were aware
of members from one bikie group who
regularly attended a particular strip
club and that associates of a rival gang
operated as bouncers at another.
“Many OMCGs are heavily involved in
serious and organised crime. But it has
been thoroughly investigated and there
is no evidence that any members or
associates are currently involved in the
management, ownership or licensing
of any strip club in King St,” he said.
Police from Taskforce Echo - a dedicated
team set up last year to investigate
outlaw motorcycle gangs (OMCG) - said
the security company’s contract was not
renewed by club owners.
The Sunday Herald Sun can also reveal
the boss of one security firm, a boxing
trainer and friend of underworld figure
Mick Gatto, who supplied staff to strip
clubs in King St, was jailed for gun
possession last year.
“What we do know is that strip clubs are
very popular and bikies are attracted to
them like bears to honey.
“We are fully aware that members from
one gang attend a particular club.
They do not wear colours or go there
en masse, or even go there every week
- but we know when they are there,”
Supt Fryer said.
“Clubs face a significant risk of losing
their liquor licence if they are found
to have those associations, and that
would lose them a lot of money.
“We continue to investigate OMCGs,
their associates, any contacts and any
unexplained wealth will be assessed.”
Bikies are also linked with strip clubs
through the supply of girls, of which they
take a cut of their pay, and can have
close ties to bouncers through gym
networks.
Supt Fryer also said: “The face of
bikies today has changed. Many are no
longer the heavily tattooed, bearded
types. Now many are body-conscious,
taking steroids and pumping iron in the
gyms, which some own. We call them
‘Nike Bikies’.”
Vic bikies jailed for Lamborghini theft
10:35 AEDT Mon Apr 16 2012 9NEWS
Two bikies who stole a bright
yellow Lamborghini from a
Melbourne dealership have
been jailed by a judge who
said they were unremorseful
and had poor prospects of
rehabilitation.
Richard Michail, 38, and Matthew
Ward, 34, were found guilty of robbery
at a Victorian County Court trial over
the theft of the $400,000 car from the
Lorbek Luxury Cars dealership at Port
Melbourne in May 2010.
The pair drove from the Finks bikie
gang clubhouse in Port Melbourne
to the dealership and as Ward waited
outside, Michail walked in, assaulted
the owner, Srecko Lorbek, and stole
his car.
He told Lorbek he could keep his car if
he gave him $50,000.
Michail and Ward then drove back
to the clubhouse and parked the
Lamborghini outside.
“This was a brazen offence and your
conduct must be denounced by this
court,” the judge said.
“Persons carrying out their lawful
business must be protected by this
court from acts of intimidation and
violence of this type.”
They were arrested a short time later.
Michail was jailed for a maximum three
years and six months, with a nonparole period of two years.
In sentencing the men on Monday,
Judge Mark Dean said both had no
remorse for their crime and had poor
prospects of rehabilitation.
Ward, who the judge said played a
secondary role in the robbery, was
sentenced to three years with a nonparole period of 18 months.
35
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OMCGs in South Australia
OMCGs IN SOUTH AUSTRALIA
POLICE RESPONSE
Known bikie associate arrested on gun charges
Thursday, 12 April 2012 11:10am
Police from the Crime Gangs Task Force
arrested a 24-year-old Ascot Park man
on Tuesday 10 April following a search of
his house at West Street where a loaded
9mm semi-automatic pistol and 101
rounds of 9mm ammunition were located.
The man was charged with
possession of a prescribed firearm
without a licence, fail to secure a firearm
and fail to store ammunition separately
from the firearms.
The maximum penalty for possessing
a prescribed firearm without a licence
is $50,000 or imprisonment for 10 years.
The man was granted bail and will
appear in the Adelaide Magistrates Court
on 7 May 2012.
Bikies’ flying hit squad goes interstate to carry out a hit
By Yoni Bashan
From: The Sunday Telegraph
A Sydney hit squad was behind
the attempted murder of
Adelaide bikie boss Vincenzo
Focarelli, who was shot four
times at close range.
His “execution order” was signed off at
a Sydney meeting of Comanchero gang
members who flew interstate to carry out
the hit.
The Sunday Telegraph can reveal that
three meetings were held in Sydney
involving senior Comanchero bikie figures
before the double shooting last Sunday.
Those present at the three meetings
included members of the Sydney and
Victorian Comanchero branches, and the
suspected gunman — a South Australian
man of Eastern European origins.
The last meeting took place in the
week of January 20, just days before
Mr Focarelli — the self-proclaimed
president of the South Australian
Comancheros — was shot.
His stepson, Giovanni, 23, was killed
during the attack, which NSW police
believe may be linked to a drug dispute
in Sydney.
This includes a belief within the gang that
Mr Focarelli had been holding back drug
profits from the Comancheros’ Sydneybased national chapter.
Mr Focarelli had also fallen out of
favour with his fellow gang members
Screen shot of motorcycle gang Comanchero
leader and shooting victim Vincenzo Focarelli
being loaded into an ambulance after being shot.
Picture: Channel Nine News. Source: The Sunday
Telegraph
Giovanni Focarelli, son of Motorcycle
gang Comanchero leader Vince
Focarelli from facebook Source:
AdelaideNow
for courting media attention and posting
videos of himself on the video-sharing
website YouTube.
Comanchero members accompanied
the shooter — who is now the incoming
president of the South Australian
Comanchero gang — back to Adelaide.
The man suspected of carrying out the
shootings is currently facing a number
of criminal charges in Adelaide, but was
allowed to have his bail varied three
times in order to travel to Sydney.
The Sunday Telegraph has agreed to
the request of authorities not to publish
the man’s name or photograph for
investigative purposes.
Police have confirmed that the meetings
at which Mr Focarelli’s fate was decided
coincided with the dates supplied to the
court by the suspected hit man.
The man asked the court to travel to
Sydney last year between November
17-22,
December 2-5, and this year between
January 20-30. The last meeting took
place days before the double shooting.
Police are pursuing a “strong” line
of inquiry that up to four Sydney
It is still unclear why the others
accompanied him, but police believe
it was either for protection or support
in the aftermath of the violence.
The Sunday Telegraph has been
told that the South Australian Major
Crime Investigation Branch is
investigating the murder and attempted
murder, with assistance from the NSW
Gangs Squad.
A police spokesman said the State Crime
Command was monitoring the case.
“The Gangs Squad is liaising with
South Australian Police in respect to
this investigation and assistance will be
provided if requested,” he said.
It is understood that the assistance so
far has included a number of intelligence
holdings on key individuals inside the
Comanchero gang.
37
OMCGs in South Australia
Bikie ‘code of silence’ as father
refuses to help find son’s killer
January 30, 2012
The self-proclaimed leader of the
Comanchero outlaw bikie gang in
Adelaide is refusing to help authorities
find his son’s murderer as police call for
tougher laws to break the gangland code
of silence.
attractive to a few people with a taste for
violence and crime.
Vincenzo Focarelli suffered a number of
gunshot wounds in the fourth attempt on
his life, but his son Giovanni Focarelli, 22,
died after both men were shot on Sunday
in Adelaide.
The first was a feud between Focarelli
and other Comanchero members.
Focarelli has told police he won’t help
them find the killer.
It’s not the first time the former New
Boyz leader has refused to cooperate
with police, despite a previous attempt
on Giovanni’s life and despite being
shot himself in December and being the
target of a failed bomb attack.
Premier Jay Weatherill called his attitude
‘’inexplicable’’ as police urged legislators
and the courts to help them penetrate
the culture of violence, intimidation
and silence.
‘’We have a young man who was
murdered, and we have the father at that
scene,’’ Mr Weatherill said.
‘’It is, yes, inexplicable that person has
chosen not to speak to police.’’
Police Commissioner Mal Hyde says
Adelaide is safe, with about 25 murders
a year, but admits bikie gangs remain
Mr Hyde said police were worried about
two streams of violence among bikies in
South Australia.
The second was a feud between
the Finks and Hells Angels following
the shooting and wounding of Finks’
member Mark Sandery’s 11-year-old son
last year.
He said potential motives were being
explored in the Focarelli shooting.
But he declined to divulge more details,
sticking to the broader problems gangs
posed for police.
‘’We need legislation that can help us
put them before the courts, and we need
courts that can help us put them away,’’
Mr Hyde said.
Courts were ‘’very patchy’’ in sentencing
for firearms offences, he said.
Shadow attorney-general Stephen Wade
said Labor’s tough talking on bikies
had failed, and it had become the best
recruitment agent the gangs ever had.
Focarelli reportedly taunted his rivals
on Facebook a day after surviving the
third attempt on his life, boasting he
had nine lives.
He also was recently seen dancing
in a YouTube clip that appears to be
promoting life in the Comanchero gang
in Adelaide.
The Labor Government says it is
committed to protecting the community
and blames the Liberals for blocking
tough legislation which Labor will now
introduce again.
Tributes for Giovanni Focarelli have
been posted on a New Boyz Support
Crew Facebook page. One says, ‘’Why
do bad things happen to good people?
... No stone will go left un turned (sic).
RIP Giovanni.’’
‘’The use of firearms is a key part of the
culture and personality of bikie groups,’’
Mr Hyde said.
After the shooting, Focarelli, who was
shot up to four times, apparently bundled
his son into a car and drove towards the
city, stopping a police car in suburban
Prospect.
‘’Often you will see suspended
sentences and good behaviour bonds.
Giovanni was dead by the time an
ambulance crew arrived.
‘’That doesn’t take us very far at all to
protecting the community.’’
Focarelli remains in hospital under
police protection.
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OMCGs in Western Australia
OMCGs IN WESTERN AUSTRALIA
POLICE RESPONSE
State Attorney General Christian Porter. Picture:
Kerris Berrington Source: PerthNow
Government must ‘take a razor’ to bikies
By Katie Robertson
From: PerthNow
January 23, 2012 3:55PM
Legislation cracking down
on bikie gangs will be the
top priority for the State
Government this year, according
to Attorney-General Christian
Porter.
Mr Porter announced today the Criminal
Organisation Control Bill, which was
tabled in November last year, would be
the first piece of legislation debated in
Parliament next month.
Seemingly spurred on by the arrest of
notorious Finks bikie Troy Mercanti at the
weekend, Mr Porter told reporters the
“evidence keeps mounting” that bikies are
a menace to the community and harsher
penalties needed to be put in place.
“It is absolutely critical to the law and
order agenda of this state,” he said.
“It has always been the view of the
Government that bikies are a menace
to all of the citizens of Western Australia.
“My view has been that there’s no more
important piece of legislation presently
before Parliament. What happened
on the weekend just convinces me
on that fact.”
Mr Porter said the proposed legislation
included more severe penalties for
members of organisations that become
declared criminal organisations who
break the law.
When the Criminal Organisations
Control Bill was tabled last year, bikie
gangs indicated they would fight the
“anti-association” laws all the way to
the High Court.
He said the Government had to take
“an absolute razor” to the bikie gangs.
Lawyer Michael Tudori, on behalf of the
Rebels Motorcycle Club, told The Sunday
Times the proposed legislation would
drive clubs underground and would be
challenged.
“So if you persist in your membership
of an organisation and go out and break
the law, you’re going to look at some very
stiff penalties indeed,” he said.
“You face higher penalties in terms
of sentence of imprisonment, you face
more likely confiscation of your assets,
and one of the ways in which the
legislation seeks to deal with the bikie
gangs is by taking members who persist
in being members of an organisation and
elevating the penalties they will get for a
whole range of offences.”
Mr Porter called on new Labor leader
Mark McGowan to indicate whether
he would support the Bill.
“One of the reasons why this State
Government drafted that Bill is because
we were requested to do so by the
Federal Labor Attorney General after the
Sydney airport murder in 2009,” he said.
“Mr Ripper had policy paralysis on it and
we want to know what the new leader of
the Labor party is going to do.”
Shadow Attorney General John
Quigley refuted claims by Mr Porter
that Labor had dragged its heels
in announcing support of the Bill.
“Mr Porter’s priorities just jump around
according to where the headline might
be,” Mr Quigley said.
“He’s taken over three years to get this
legislation drawn up, and he brought
it in in November and then immediately
adjourned the debate.”
Mr Quigley said Labor supported most
aspects of the Bill.
“We support the basic intention of it,”
he said. “Some of the provisions of the
bill we think could be improved.
“If the Opposition fails to do its job and
carefully test this legislation it might
fail before the High Court just as the
South Australian and New South Wales
legislation failed.”
39
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Lawyers will back bikie clampdown
By Political Reporter Daniel Wills
From: The Advertiser
Source: Supplied
Lawyers have backed a new
push to crack down on outlaw
motorcycle gangs, saying a
radical new legislative approach
is needed.
In a landmark shift from lawyers’ longrunning and vehement opposition to
anti-association legislation, Law Society
president Ralph Bonig told The Advertiser
the crackdown would be given “qualified
support”.
Mr Bonig said Attorney-General John
Rau had made significant changes to his
latest package of proposed anti-gang
laws since they were released for public
consultation last year.
However, the Law Society still has
concerns about elements of the proposed
laws which prevent defendants viewing
evidence against them and presume
them guilty until proven innocent.
“There needs to be a mechanism put in
place that is a serious deterrent or gives
significant powers to rein in and control
certain groups of people who may think
they’re above the law,” Mr Bonig said.
Tough anti-bikie laws set to pass
From: AAP
February 28, 2012 4:09PM
Controversial anti-association
laws are set to be passed in
Western Australia, after the
Labor opposition said it would
support the government’s
legislation.
The Criminal Organisations Control Bill
was scheduled to be debated in WA
Parliament this afternoon, after it was
tabled in November.
Opposition Leader Mark
McGowan told reporters outside
parliament his party would support
the bill, which the government says
will target outlaw bikie gangs and
other organised crime, but not before
amending it.
“We’ll support them, but we’ll seek to
amend them to make them stack up in
accordance with the high court rulings,
both in South Australia and NSW,”
Mr McGowan said.
“There are some potential difficulties
there, but we will be supporting them.”
Similar laws preventing declared gang
members from associating with each
other have already be rejected by high
courts in NSW and South Australia on
constitutional grounds.
WA Premier Colin Barnett said he was
“sure” his party’s legislation would not
face high court challenges locally.
“This is very strong legislation ...
to give the police extra powers and
to crack down on outlaw bikie gangs,”
the premier said.
“This is directed at drug dealers,
coercion, racketeering and the like.”
Mr Barnett said he did not believe the
legislation would be used to target
other groups, an issue which civil
liberties proponents have raised in the
past.
As it currently stands, the legislation will
provide a maximum five-year jail term
for any member of an outlaw group
who associates with another member.
Gang members will also face harsher
penalties than other members of
the community for a range of other
offences.
41
Drug charges by gang crime
30 March 2012
Detectives from Gang Crime Squad
last night arrested a 27 year old Balga
man, after stopping his vehicle as he
arrived at his home about 8.15 PM.
Following a search of the man, his
vehicle and the premises, he was
charged with:
■■
■■
1 x Possession of
methylamphetamine with intent to
sell/supply ( nearly .5 kilo)
1 x Aggravated possession of a
firearm ( .32 calibre handgun)
■■
■■
■■
■■
■■
■■
1 x Possess prohibited weapon
(butterfly knife)
1 x Having ready access to both
weapons and illegal drugs
1 x Possession of unlicensed
ammunition
4 x Possess prohibited drug
(ecstasy, steroids)
1 x Steal motor vehicle
(Honda 1000cc m/cycle)
1 x drive contrary to
learner’s permit
Finks bikies’ appeals dismissed
Kate Campbell
The West Australian
April 13, 2012, 11:46 am
The State’s highest court today
dismissed appeals by four Finks bikies
against their sentences for refusing to
cooperate with the Corruption and Crime
Commission.
Troy Crispin Smith, Stephen Laurence
Silvestro and Clovis Murhabazi Chikonga
were each jailed to two years by
Supreme Court Chief Justice Wayne
Martin for refusing to answer questions
relating to a bikie brawl with the Coffin
Cheaters at the Kwinana Motorplex in
October 2010.
Fellow Fink Tristan Roger Allbeury
also received two years for refusing
to answer the watchdog’s questions
and an extra three months for insulting
the commission by telling thenCommissioner Len Roberts-Smith
to “f... off”.
In an outburst after his sentence was
handed down, Allbeury verbally abused
Chief Justice Martin, telling him he lived
in a “fairy world.”
42
“You’re a f…ing spastic, you live in a
dream world, you live in a fairy world, you
have no idea about the street,” he said.
The four bikies argued that their
sentences were “manifestly excessive”
in light of other sentences handed down
for this offence. Chikonga also argued
that Chief Justice Martin erred in law
by failing to give him any credit for his
guilty plea.
But in a unanimous decision today, three
Court of Appeal judges rejected their
grounds of appeal.
Justice Michael Buss said the sentences
were appropriate given the criminality
of the offending and the men’s criminal
records. “The sentencing outcome
was not plainly unreasonable or unjust
and there is no basis for inferring error,”
he found.
1 x Possess stolen/unlawful
obtained property (laptop computer)
Bail was refused and he will be
appearing in Perth Magistrates Court
this morning.
The man is a former member of the
Comancheros outlaw motorcycle gang
and the Proceeds of Crime Squad will
be conducting inquiries into his assets,
including the house with an estimated
value of $450,000 and other items
with an estimated value of $100,000,
located at the address.
■■
Rebels bikie’s girlfriend
tells of shooting attack
By Lloyd Jones
From: AAP
April 11, 2012 2:59PM
The girlfriend of a Rebels bikie
gang leader has told a Perth
court she heard three shots
as her partner rode his Harley
Davidson into their driveway
and took a bullet in the arm.
A Rock Machine bikie, who cannot be
identified for legal reasons, is standing
trial for the attempted murder of the
Rebels’ West Australian president Nick
Martin at his Balcatta home in Perth’s
north on March 18 last year.
Prosecutor Bruno Fiannaca told the
Supreme Court on Wednesday that the
accused had staked out the house and
observed Mr Martin’s weekly movements
before using a sawn-off .22 rifle to fire
at him as he returned home that Friday
evening.
The court heard Mr Martin’s de facto
partner, Amanda Schoppe, had used
a remote control to open the gates
to their property when she heard his
motorcycle approaching on the evening
of the attack.
She told the court that about 30 seconds
after that she heard three gunshots.
The jury was shown the home’s security
camera footage of a man in a balaclava
running onto the driveway apron after
Mr Martin rode in and firing a rifle quickly
before running off.
The court heard that one bullet hit
Mr Martin’s arm and another ricocheted
off the petrol tank of his bike.
Mr Fiannaca told the court the attack
arose from an ongoing conflict between
the two rival outlaw motorcycle gangs.
He said the accused was a member of
the Rock Machine’s “militia’’ and had
been ordered to carry out the shooting
by a senior member of the gang.
Mr Fiannaca said the jury would hear
from the accused’s former girlfriend that
he had shown her a backpack containing
a cut-down rifle, a balaclava and gloves
which the prosecution contended were
used in the shooting.
He said the accused had also told her
of a plan to shoot Mr Martin in the leg
and after the attack had effectively
confessed his involvement, telling her
the gun had jammed.
“I know what a gun sounds like,’’ she
said, describing the shots as coming in
quick succession, “bang, bang, bang’’.
She would give evidence that the
accused had returned to her house
where he had showered and asked for
bleach to wash his hands.
Ms Schoppe said she ran to the front
door to meet Mr Martin and when they
went into their bedroom she saw “he had
blood coming out of his left elbow’’.
Mr Fiannaca said the accused had
bought a cheap, older model Ford
Falcon a week earlier to use as a
getaway vehicle during the hit and the
Rebels president Nick Martin was shot outside his
Balcatta home. Source: PerthNow
vehicle and been set alight and burnt
out in a reserve carpark on the evening
of the attack.
He said the prosecution would produce
evidence to show the car was bought
by the accused and was caught on Mr
Martin’s security camera footage passing
the house several times before the
attack.
The footage also showed clothing
and tattoos that identified the accused,
he said.
He told the jury that the prosecution
contended the accused tried to murder
Mr Martin, not just shoot him in the leg,
citing the number of shots fired and the
fact one bullet hit him in the arm.
Defence lawyer Malcolm Ayoub did not
deliver an opening address.
The trial continues.
43
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OMCGs in Northern Territory
OMCGs IN Northern Territory
POLICE RESPONSE
Hells Angel Biker has Bad Day Out - Darwin
Monday 27-Feb-2012 12:09 PM
Drug and Organised Crime
Detectives have had an
unusual encounter with a
member of the local Hells
Angels motorcycle club.
The 34 year old was apprehended on
Tiger Brennan Drive allegedly travelling
at 130kmh in a 100kmh zone on his
motorcycle yesterday afternoon.
When apprehended the man displayed
very erratic behaviour including
exposing his genitals to passing traffic
and throwing his shoes and clothing,
including his Hells Angels vest, at Police.
He also made strange comments
to the Detectives including:
“If we were in Serbia you would get shot.”
■■
■■
■■
As a result of his behaviour Police
conducted a Drug Driving Test which
subsequently resulted in the man being
ordered to supply a blood sample for
analysis.
Detective Senior Sergeant Peter Schiller
said the man was arrested and later
charged with:
■■
Drug Driving
■■
Assault Police
■■
■■
Exceed Speed Limit, 31-45km/h
over limit
Indecent Exposure
Disorderly Behaviour in a Public Place
Offensive Behaviour in a Public Place
Use Objectionable Words in a Public
Place
“Police just never know who they are
going to meet and what they are going
to have to deal with in this line of work.”
Detective Senior Sergeant Schiller said.
The man has been bailed to appear
in the Darwin Magistrates Court at a
later date.
Bikie Member Arrested - Darwin
Monday 02-Apr-2012 01:34 PM
A 26-year-old member of
the Darwin Chapter of the
Rebels Motorcycle Gang has
this morning been arrested
following an incident in the
Darwin CBD on Wednesday
the 21st of March.
“About 1:30am the 26-year-old was
removed from a licensed premise
due to his level of intoxication,”
said Detective Acting Senior Sergeant
Mark Stringer.
“This individual acted aggressively
towards security staff and innocent
bystanders, removing his shirt and
attempting to encourage people to
engage in a fight with him.”
“It will be alleged that during his tirade
of verbal abuse, the 26-year-old
made clear his involvement with the
outlaw motorcycle gang in an effort
to intimidate patrons.” Said Det Act
Snr Sgt Stringer from the Drug and
Organised Crime Squad.
“Through CCTV Police were able
to identify the alleged offender and
arrested him this morning.”
“Anti-social behaviour by members of
OMCGs or any other members of the
public will not be tolerated by the NT
Police; and people are encouraged
report anti-social behaviour incidents
to authorities.”
He’s been charged with Disorderly
Behaviour in a Public Place and
been issued with a Banning Notice
preventing him from entering licensed
premises within the CBD for 12 months.
The 26-year-old has been bailed to
appear in the Darwin Magistrates Court
on the 26th of April.
45
OMCGs in Australian Capital Territory
OMCGs IN ACT
POLICE RESPONSE
Bikie’s son pleads guilty to
accidentally driving into pedestrian
February 8, 2012
The son of a top Canberra bikie has
pleaded guilty to accidentally driving a
car into a pedestrian, leaving him fighting
for his life, more than two years ago.
But the office of the Director of
Public Prosecutions has abandoned
an allegation Michael Wayne Clark
deliberately crashed into his victim Ian
William McKay.
Prosecutors downgraded charges against
Clark from intentionally inflicting grievous
bodily harm to culpable driving negligently
occasioning grievous bodily harm.
The 26-year-old is now facing a
maximum penalty of four years behind
bars - under old laws recently overhauled
making the maximum 10 years - rather
than 15.
But his penalty is likely to be at the lower
end of the scale because of his clean
46
criminal record and as the allegation is
one of negligence.
Clark had initially pleaded not guilty
to the tougher charge, with the
prosecution alleging culpable driving
as an alternative. He had been due to
stand trial in the ACT Supreme Court but
pleaded guilty to the lesser offence.
Clark, the son of senior Rebels Outlaw
Motorcycle Club member Wayne Gordon
Clark, was to face a sentencing hearing
before Justice Richard Refshauge
yesterday morning. But the matter was
adjourned after his legal team took issue
with the proposed statement of facts
relied upon by the prosecution.
The charge stems from an incident
in September 2009 when Mr McKay
was crushed between two cars in the
driveway of his Kambah home.
The victim had just returned home from
walking his dogs when a Toyota Hilux
with Clark behind the wheel entered the
loop street, went up the driveway and
slammed into him.
Mr McKay was crushed between the
Hilux and a parked Commodore with
enough force to push the Holden into a
set of metal gates across the driveway.
The man suffered a fractured skull,
punctured lung and had some of his
teeth knocked out.
Mr McKay’s spleen was later removed.
The defendant remains on bail but is due
to face a judge-alone trial on unrelated
matters later this year during the ‘’blitz’’
on the Supreme Court’s backlog.
Clark is due to be sentenced on the
culpable driving charge later this month.
OMCGs in Australian Capital Territory
Bikie threat more than storm in a T-shirt
By Courtney Keogh
March 25, 2012
A retailer in Canberra was forced to recall
a t shirt last week after a member of the
Canberra Rebels said it would create
problems between other motorcycle
clubs.
Sarasi Perara, a full time employee of
Man To Man at the Canberra Centre,
was told to take down and stop selling
a t-shirt with a biker vest print on it by
a Canberra Rebels member who was
walking past the store.
Ms Perara said the man “had something
about him, he was a bit rough and had
lots of tattoos”.
“He said one of the symbols on the
shirt would start fights between people
wearing the shirt and Rebels members”,
she said.
bullshit, we don’t want to live like that,”
he said.
Members of the Canberra Rebels are
divided into different regions known
as ‘chapters’. There are four chapters
in Canberra – Wanniassa, Mitchell,
Fyshwick and Queanbeyan.
The Rebels associate said that
Rebels members own a wide range
of businesses in Canberra in such as
tattoo shops, attack dog breeding and
tow truck services. Members also help
out in other areas such as security, debt
collecting and loans.
“There’s also the getting rid of people bit
too”, he said.
The t-shirt had a one percent symbol
on it – ‘1%’ – which is an official symbol
of outlaw motorcycle clubs, including
the Rebels.
The Australian Crime Commission
reports that some members of outlaw
motorcycle clubs are responsible and
take part in organized crime networks,
with a very strong presence in the illicit
drug market.
There are around 40 motorcycle clubs
in Australia that describe themselves
as ‘outlaw’. The terms relates to the view
that the club members operate outside
of the law.
They also pose a big threat to police
officer safety because they are highly
organized and are capable of collecting
information about police officers, and if
necessary their families.
A Canberra Rebels associate who asked
not to be named, said the one percent
symbol represented the members of
society who refuse to adhere to social
norms and conventions.
This is done through people who are
coined ‘affiliated members’ and can
include lawyers, accountants, marketing
and public relations consultants.
“When you get up in the morning and
read the newspaper, you’re being told
what’s important and what’s not, it’s
While the Australian Crime Commission
states that outlaw motorcycle clubs
are only part of the broader picture in
stopping organized crime in Australia,
outlaw motorcycle clubs pose a serious
risk to public safety because they react
violently.
In 1984, an incident between two
rival motorcycle clubs in the western
suburbs of Sydney resulted in seven
people dead and many others seriously
injured. Known now as the ‘Milperra
Massacre’, it is one of the most violent
and notorious events in Australian
motorcycle club history.
The Rebels and other Australian
motorcycle clubs have evolved from
groups of males who shared common
interests and banded together after the
Second World War. The Rebels associate
said that members of the Rebels used to
join because they believed in living and
acting a certain way.
“You join the Rebels because you’re
rebelling the democratic rule,” he said.
In recent years though, he admits that
younger members join purely for the
power that being a member brings them.
No bail for man facing drugs, guns charges
Elizabeth Byrne Wed Feb 15, 2012 9:21am AEDT
A Canberra man, who police say is the
son of a Rebels bikie gang member,
has been remanded in custody after
facing court on drugs and firearms
charges.
Ngunnawal home where police claim
they found drugs, unregistered guns
and more than $100,000 in cash.
Daniel Austin Slater, 31, was arrested
at the weekend after a raid on his
In an initial hearing, Slater was denied
bail and he has been in custody since.
Police allege the money was hidden
in the pockets of clothing.
He made a brief appearance in the
ACT Magistrates Court on Tuesday
sporting two black eyes, and made
no application for bail.
He has been remanded in
custody until the case returns
to court next month.
47
OMCGs in Tasmania
OMCGs IN TASMANIA
POLICE RESPONSE
Bikies ride under the radar
Nick Clark
Bikie gangs have a bad
reputation in other Australian
states.
Events such as the 1984 Milperra
Massacre, airport bashings and driveby shootings have resulted in a number
of state governments attempting to
introduce anti-association laws.
In Tasmania, the motorcycle clubs
have worked very hard to soften their
image, with up to 8000 motorcyclists
participating in events such as the annual
Toy Run for charity.
However, the smashing of a drug
trafficking operation in Launceston last
week has rekindled doubts about some
of their activities.
There are six main motorcycle clubs
in Tasmania with an estimated 250
members in about 13 chapters.
Police believe there are about 13
clubhouses with another five unofficial
centres.
Most are divisions or chapters of
interstate clubs.
While there are riding clubs such as the
Ulysses club in each region and the
Motorcycle Riders Association, it is the
groups that wear patches and are known
as “one per centers” or “outlaw clubs”
that draw police attention.
The club at the centre of last week’s drug
charges The Rebels have clubhouses
in North Hobart, Sorell and at Kings
Meadows in Launceston.
It is believed The Rebels also have a
licenced bar at Ulverstone.
One of the biggest clubs is the
Satan’s Riders in Launceston which
has a clubhouse and a licenced bar
The Handle Bar in Frederick St.
48
The incorporated club’s director is
60-year-old Stephen Palmer, of Prospect
Vale. The club hires out its premises for
21st birthday parties and functions.
The Outlaws also have members in
Launceston and premises at Ulverstone.
Smaller clubs include the Launcestonbased Devil’s Henchmen, the newly
established Finks at Penguin on the
North-West Coast, and the Black Uhlans
with a small number of riders based at
East Devonport.
Vietnam veterans have a club and there
are three regional chapters of the Ulysses
club with their “grow old disgracefully”
slogan.
Club associates contacted by the
Sunday Tasmanian were reluctant to
divulge details of their activities.
When asked, they refused to name
presidents, the number of members and
their activities.
Devil’s Henchmen member and tattoo
parlour owner Avery Harwood would not
talk about his club.
Likewise, Rebels state president Sean
Kelly would not comment about the
future of the club.
$450,000 worth of amphetamines,
is unusual.
“The clubs do everything they can
to stay under the radar but when you
scratch below the surface most of them
have some involvement with drugs,”
the source said.
In 2009, an Australian Crime Commission
joint committee took evidence on
Tasmanian motorcycle gangs.
Then Tasmania Police acting
commissioner Darren Hine, now
Commissioner, told the committee there
were five identified outlaw groups with
about 200 members.
He said anti-fortification legislation
had been enacted in 2007 because
clubhouses often had fortified their
premises.
“That has not been operationally acted
upon at this stage but it is another avenue
that we can call on in terms of some
premises,” Commissioner Hine said.
“We are certainly not suggesting
anything that detracts from general
property security.
“Nothing to say,” he said,
“Some of these premises, even in
residential areas, have all the windows
removed and steel plates bolted in their
place.”
Sources believe that club’s Launceston
operations have virtually ceased since
the drug bust.
“In relation to the fortification issue, as
I have said, there are probably two that I
am aware of that arguably are fortified.
An associate of the Satan’s Riders,
Al Higgins, said it was not his place to
talk about the club or its membership.
“And yes, I agree that we have not
actually gone to the step of approaching
a magistrate yet in relation to either of
those premises.
He passed on the Sunday Tasmanian’s
request for information to senior club
members but no one phoned back.
Sources say the recent drug bust, where
12 people were charged over trafficking
“But it is something that is under
consideration.”
Commissioner Hine said Tasmanian
clubs tended to affiliate with each
OMCGs in Tasmania
other better than interstate groups.
“The mainland groups are very
alienated from each other and have
an attitude that is quite different and
destructive to the groups,” he said.
“Here, from time to time, members
change groups and they also work
with each other.
“Therefore that level of violence does
not occur.”
The committee heard that outlaw
club riders ride American bikes such
as Harley-Davidsons and frown on
Japanese bikes such as Hondas and
Yamahas.
The deaths of club members is one
window into their world where tough
bikies vent via death notices.
Clubs value loyalty and have a tribal
culture.
In Launceston last year, 2500 people
attended the funeral of a long-time
Satan’s Riders member and director
Wayne “Waff” Badcock at the Albert Hall.
A huge cortege travelled from the
Albert Hall to the Car Villa Crematorium,
stopping traffic to let riders pass.
Motorcycle dealer Simon Hrycyszyn
was quoted in a local newspaper saying
Mr Badcock loved Harley-Davidson
motorcycles and was family-orientated.
“Wayne was a leader of men, a mentor,
one who could sort out differences,
and did, between all sorts of people,”
Mr Badcock said.
“He was a very influential leader and
president for 25 years.”
Shaun Lennard, president of the
Tasmanian Motorcycle Council, said
his group represented most motorcycle
clubs in the state in relationships with
the government, the Motor Accident
Insurance Board and other motorcycling
and transport organisations.
“A number of patch clubs in Tasmania are
among these members,” Mr Lennard said.
“The TMC has no comment to make
about any particular members of any
club. [But] we are concerned about the
possible flow-on when events such as
this are reported.”
Mr Lennard said the reporting of
allegations or charges against a very
small number of people in other states
had resulted in everyone who rode a
motorcycle being placed in the same
category.
“What individuals might or might not do
as individuals is their business and their
responsibility that goes for all of us.
The Rebels in Hobart for a national conference in
2002. INSET: Clockwise from top left, The Outlaws’
club in East Devonport, The Rebels’ chapter
in Young Town, The Rebels’ premises in North
Hobart and The Satan’s Riders Motorcycle Club
in Launceston.
“So don’t categorise all motorcyclists or
indeed all members of patch clubs by the
reported events of this week.”
Former bikie on drug charge avoids jail
Updated Tue Apr 3, 2012 8:26am AEST
A former member of the northern
Tasmanian chapter of the Rebels
Motorcycle Club has been convicted
of drug trafficking, but has avoided
a jail term.
associated with the Rebels Motorcycle
Club who were charged after police
seized almost $300,000 worth of
methyl amphetamine in a series of
raids in Launceston last year.
In the Supreme Court in Launceston,
David John Batge pleaded guilty to
trafficking.
The court heard Batge delivered two
ounces of the drug to the Rebels
clubhouse in Kings Meadows.
The 46-year-old is one of 10 people
Police also discovered a package
of the drug hidden in Batge’s car
as he and the then Rebels president
were driving to Hobart last year.
Batge was sentenced to four months
in prison, wholly suspended.
Three of his co-accused have denied
similar charges and will appear in court
at a later date.
49
Transnational Organised Crime
TRANSNATIONAL
ORGANISED CRIME AUSTRALIAN OMCGs
THE AGE
Bikie gangs expanding
into south-east Asia
Dan Oakes
March 15, 2012
Australian bikie gangs are
expanding aggressively
overseas, opening clubhouses
and absorbing smaller clubs in
other countries in a reversal of a
decades-long trend.
At least one outlaw motorcycle gang
has established an affiliate in Thailand,
with others looking to expand into that
and other south-east Asian countries
such as Indonesia, according to Victoria
Police Acting Assistant Commissioner
Doug Fryer.
‘’There is certainly one of our mainstream
larger clubs that has an established
clubhouse in Thailand,’’ he told The Age,
while declining to name the club.
‘’They won’t hold membership
themselves there, but through
sponsorship they have locals set it up.
It would be, I’d suggest, dangerous for
them to be over there running a club,
considering the trade that they peddle in.
They’ll get the death penalty. They would
say they go over to have holidays and
socialise and buy Bali Bagus T-shirts.’’
While Mr Fryer also declined to name
the clubs that are planning to expand,
it is believed Australia’s biggest club,
the Rebels, is eyeing off Thailand for an
Asian bridgehead.
The expansion was one of the topics
addressed at a Victorian conference
this week at which state and federal
law-enforcement agencies discussed
organised crime trends.
While Australia has traditionally been
seen as a target for expansion, local
bikies are spreading their tentacles
internationally to obtain amphetamines
and the precursor chemicals needed
to make them, which are easier to obtain
in south-east Asia.
Over the past 18 months, bodies such
as state police, the Australian Federal
Police, the Australian Crime Commission
and Customs have forcefully advocated
the need for greater co-operation in
law enforcement to keep pace with the
evolution of organised crime groups such
as bikies.
Mr Fryer said the sergeant-at-arms, or
enforcer, of one Victorian-based club was
even referring to himself as the club’s
‘’south-east Asian sergeant-at-arms’’.
He said bikies from a Melbourne-based
club had also travelled to Spain to
‘’patch over’’, or absorb, a smaller club,
transforming the Spanish club into a
‘’one-percenter’’, a title that refers to the
belief that they are part of the 1 per cent
that is outside mainstream society.
It is also believed that Australian bikies
have travelled to the United Arab
Emirates to launder money.
Mr Fryer said there were now 24 outlaw
motorcycle gangs in Victoria, comprising
56 chapters and more than 1000
members.
There also was concern over the growth
in bikies owning gyms, which he said
were being used to traffic drugs.
‘’The traditional good old boy riding his
bike with a big beard and tattoos, has
now changed to your body-conscious,
steroid-munching gym junkies, and a
lifestyle that really requires significant
wealth,’’ he said.
51
Julia Gillard’s War on Bikies
Julia Gillard’s war on bikies
By Simon Benson
From: Herald Sun
March 22, 2012 12:00AM
Julia Gillard will take control of
rolling out uniform national antibikie laws, ordering the drafting
of laws to be an “urgent priority”
at a meeting of justice ministers.
The Herald Sun has seen letters
between Ms Gillard and the states
dating to July last year, in which
it is claimed a stand-off between
jurisdictions was to blame for the delay
to national laws.
The rush to force the states into an
agreement on organised crime laws to
break cross-border gun-running and
outlaw bikie crime, follows an influx of
gangs into Victoria.
She has ordered Attorney-General
Nicola Roxon to expedite the issue
for the meeting of the Standing Council
on Justice and Law for April 4-5.
Among recent bikie violence were the
shooting of the Bandidos’ sergeant-atarms, Toby Mitchell, and a “run through”
at Comanchero haunt Spearmint Rhino
by Hells Angels.
Prime Minister Julia Gillard will oversee the rollout
of uniform national anti-bikie laws. Source: AFP
Raids of bikie haunts across Melbourne
have uncovered submachine guns, rifles,
Tasers, ballistic vests and surveillance
equipment.
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New attack on gangs proposed
New attack on
gangs proposed
April 13, 2012 - 4:59PM
AAP
The commonwealth, states and
territories are embarking on a fresh
crackdown on organised crimes
with proposed national laws allowing
declarations that particular groups are
criminal organisations.
The council, which met in Canberra on
Thursday and Friday, discussed the
importance of a nationally consistent
approach to dealing with criminal
organisations and the serious threats
that these groups pose.
Such a scheme would allow courts to
make orders controlling the activities
of members of declared organisations
and others involved in serious criminal
activity.
Its communique said ministers agreed
that consistent state and territory
legislation was essential in cracking
down on these groups and disrupting
their activities.
This legislation would aim to overcome
the problems experienced by states
such as South Australia and NSW
whose proposed laws proscribing
outlaw motorcycle gangs were
overturned in the High Court.
This proposed legislation will contain
measures allowing declarations
that certain groups are criminal
organisations, orders for controlling
activities of members of declared
organisations and people involved
in serious criminal activity, sharing
of and protection from disclosure of
criminal intelligence and the forfeiture
of criminal assets.
The standing council on law and justice
- which includes commonwealth, state
and territory attorneys-general and
New Zealand’s justice minister - is also
proposing that the law contain provisions
to allow forfeiture of criminal assets.
of declarations, control orders and
protections for criminal intelligence
will ensure there are equally strong
measures in place across all
jurisdictions,” the communique said.
The ministers also agreed that mutual
recognition of interstate declarations
and control orders was a highly
desirable element of a nationally
consistent scheme.
Further legal advice on implementation
is being sought.
Only the ACT and Queensland did not
support the decision.
Queensland has yet to form a final
view on the merits of such laws.
Tasmania said it did not believe it was
now necessary for it to enact such
legislation.
“Ministers agreed that the
implementation by states and territories
53
Time Line
TIME LINE OF (IN)ACTION FOR A NATIONAL
APPROACH TO ORGANISED CRIME & OMCGs
Feb 2008
Parliamentary Joint Committee
on Australian Crime Commission
Report: Future Impact of serious and
organised crime on Australian society
Dec 2008
Labor Prime Minister Kevin Rudd made
an inaugural National Security Statement
identifying Organised crime as a threat to
Australia’s national security.
Noted that the Ministerial Council on
Corporations is considering the issue
of director disqualification under the
Corporations Act 2001 in relation to
organised criminal activity.
Agreed to the States and Territories
considering the introduction of the
following legislative measures to combat
organised crime where they have not
already done so:
■■
Apr 2009
Standing Committee of Attorneys
General agreed that organised crime
is a national issue requiring a nationally
coordinated response by all jurisdictions.
Noted that the Commonwealth is
developing an Organised Crime Strategic
Framework, with mechanisms to engage
the States and Territories, for agreement
by the Commonwealth Government
by mid-2009. The purpose of the
Framework is to enhance understanding
of the threats from organised crime;
improve our capacity to effectively
prevent, disrupt, investigate and
prosecute organised crime activities;
and strengthen information sharing and
interoperability.
Noted that the Commonwealth will
consider the introduction of a package of
legislative reforms to combat organised
crime including measures to:
■■
■■
■■
■■
■■
54
strengthen criminal asset confiscation,
including unexplained wealth
provisions
to the extent practical and effective
and having regard to constitutional
power, consorting or similar provisions
that prevent a person associating
with another person who is involved
in organised criminal activity as an
individual or through an organisation
enhance police powers to investigate
organised crime, including model
cross-border investigative powers
for controlled operations, assumed
identities and witness identity
protection
facilitate greater access to
telecommunication interception for
criminal organisation offences, and
address the joint commission of
criminal offences.
■■
■■
■■
■■
■■
■■
■■
Measures that permit coercive
questioning of individuals to assist
with the investigation of organised
crime offences
Consorting or similar provisions that
prevent a person associating with
another person who is involved in
organised criminal activity as an
individual or through an organisation
Measures that enable police to
engage in controlled operations
Measures that enable the use of
assumed identities to facilitate
investigations and intelligence
gathering
Legislation to permit the use
of surveillance devices for the
purposes of investigating serious
and organised crime
Witness protection legislation
Asset confiscation legislation to
enable a court to restrain and forfeit
a person’s assets where they are
tainted
Model cross-border investigative
powers for controlled operations,
assumed identities, witness identity
protection and surveillance devices.
Agreed to arrangements to ensure
cooperation between each jurisdiction in
relation to organised criminal activity in
any particular jurisdiction.
Agreed to coordinate law enforcement
efforts through developing shared
priorities including improving
interoperability, facilitating improved
information and intelligence sharing and
coordinating investigative and target
development activities.
Agreed to establish a SCAG Officers’
Group to undertake work on legislative,
interoperability and information sharing
measures in consultation with MCPEMP
officers and report back to SCAG as
soon as possible.
Aug 2009
on Australian Crime Commission
Report: Inquiry into legislative
arrangements to outlaw serious and
organised crime groups
Aug 2009
General agreed to arrangements to
support the comprehensive national
response to organised crime discussed
by the Commonwealth, States and
Territories at SCAG in April 2009. These
arrangements will ensure a coordinated
national effort to effectively prevent,
investigate and prosecute organised
crime activities and target the proceeds
of organised criminal groups.
Nov 2009
The Rudd Labor Government
launched the Organised Crime Strategic
Framework.
Nov 2009
General did not discuss Organised
Crime at its meeting.
Feb 2010
The Rudd Labor Government
implemented additional legislative
measures to further combat serious
and organised crime. The Serious and
Organised Crime Acts included new
criminal offences targeting those involved
in organised crime; enhancing money
laundering, bribery and drug importation
offences; measures to confiscate
criminal assets and proceeds of crime;
and measures to target unexplained
wealth. The Acts also strengthened
law enforcement powers to investigate
organised crime by implementing
model laws for controlled operations,
assumed identities and witness identity
protection; enhancing search and seizure
powers including access to electronic
data; and facilitating greater access to
telecommunications interception for
criminal organisation offences.
May 2010
Time Line
Jun 2010
Jun 2011
Mar 2012
Prime Minister Julia Gillard sworn in
as leader of the Labor Government
Parliamentary Joint Committee on
Law Enforcement Report: Inquiry into
the adequacy of aviation and maritime
security measures to combat serious and
organised crime
Prime Minister Julia Gillard
announces that she would oversee the
rollout of uniform national anti-bikie laws.
Nov 2010
The Attorney General Robert
McClelland and Minister for Home
Affairs Brendan O’Connor jointly
launched the inaugural Commonwealth
Organised Crime Response
Plan (COCRP) to help prioritise
Commonwealth agencies resources
against these threats.
Dec 2010
General:
(a) agreed to measures to enhance
cooperation in targeting the proceeds
of organised criminal groups
(b) agreed to arrangements to ensure
a coordinated national response to
organised crime, including a national
plan to respond to organised crime
threats
(c) noted that NSW asked for
consideration to be given to the
priority of victims rights, as NSW and
some other jurisdictions’ legislation
provides that certain proceeds of crime
automatically be paid into the Victims
Compensation Fund.
Ministers noted the High Court decision
in The State of South Australia v Totani &
Anor.
Dec 2010
The Attorney General Robert
McClelland and Minister for Home
Affairs Brendan O’Connor jointly
announced a National Organised
Crime Response Plan (NORP 201013) to strengthen multijurisdictional
approaches, coordination,
information sharing and joint
activities to combat the national threat
of serious and organised crime agreed
to by the Commonwealth, States and
Territories.
Mar 2011
Jul 2011
General noted the High Court decisions
in Wainohu v New South Wales [2011]
HCA 24 (23 June 2011) and Lacey v
Attorney-General of Queensland [2011]
HCA 10 (7 April 2011).
Nov 2011
Standing Council on Law and Justice
agreed:
(a) to 12 priority measures under the
National Organised Crime Response
Plan (OCRP)
(b) to oversee implementation of National
OCRP measures relevant to their law and
justice responsibilities.
Apr 2012
Standing Council on Law and Justice
discussed the importance of a nationally
consistent approach to dealing with
criminal organisations and the serious
threats that these groups pose.
Ministers agreed that consistent State
and Territory legislation is essential in
cracking down on these groups and
disrupting their activities. Ministers
agreed that legislation should be aimed
at limiting the ability of these groups to
organise, support or engage in serious
criminal activity.
Ministers agreed that this legislation
include the following four key elements:
■■
■■
Ministers noted:
(a) the importance of comprehensive
legislative approaches to combating
organised crime across Australia and the
need for a coordinated approach to the
exchange of information on organised
criminal activity
(b) the continuing developments in
jurisdictions regarding legislation aimed
at combating serious and organised
crime and the benefits of collaborating to
develop effective responses
(c) that Commonwealth, State and
Territory Solicitors-General will meet in
Hobart in November 2011 to discuss
potential legislative responses for
combating serious and organised crime
(d) that the Senior Officers Group on
Organised Crime report to the next
SCLJ with advice on opportunities
for collaborating to enhance the
effectiveness and consistency of existing
legislative responses.
Mar 2012
Law Enforcement Report: Inquiry
into Commonwealth unexplained wealth
legislation and arrangements
■■
■■
Declarations that organisations are
criminal organisations
Orders controlling the activities of
members of declared organisations
and people involved in serious
criminal activity
The sharing of and protection from
disclosure of criminal intelligence
The forfeiture of assets.
SCLJ Communiqué April 2012
Ministers agreed that the implementation
by States and Territories of declarations,
control orders and protections for
criminal intelligence will ensure there are
equally strong measures in place across
all jurisdictions. Ministers also agreed
that the mutual recognition of interstate
declarations and control orders was a
highly desirable element of a nationally
consistent scheme, with further legal
advice on implementation being sought.
The ACT and Queensland did not
support the decision. Queensland
noted that it had not yet formed a final
view on the merits of such legislation.
Tasmania did not believe it was presently
necessary for it to enact such legislation.
????
When the talk stops and the Gillard
Government enacts anti criminal
organisation legislation.
55
Help
the Salvos
shield those
in need.
www.salvos.org.au
CREDIT CARD DONATIONS 13 72 58
Outlaw Motorcycle Gangs
AFPA CALLS ON GILLARD GOVERNMENT TO
STOP TALKING AND START ACTING ON OUTLAW
MOTOR CYCLE GANGS
In 2008 the Labor Prime Minister
Kevin Rudd made an inaugural National
Security Statement identifying Organised
crime as a threat to Australia’s national
security. This included Outlaw Motor
Cycle Gangs.
Some four (4) years later, we have the
Labor Prime Minister Julia Gillard
still vacillating over introducing federal
legislation that can be implemented
nationally. A number of State
Governments have called on the Gillard
Government to act yet we get another
press release (22 March2012) and yet
another Communique (13 April 2012).
Yet still no action.
The AFPA calls on the Gillard Labor
Government to:
■■
Immediately act on the outstanding
recommendations of the 2009
the Australian Crime Commission
Report – Inquiry into the legislative
arrangements to outlaw serious and
organised Crime groups;
■■
■■
Immediately act on the
recommendations of the 2012
on Law Enforcement Report:
Inquiry into Commonwealth
unexplained wealth legislation
and arrangements;
Immediately act on the 2012 decision
by the Standing Council on Law and
Justice and enact Commonwealth
legislation that contains measures
enabling:
Declarations that certain groups
are criminal organisations,
Orders for controlling activities of
members of declared organisations
and people involved in serious
criminal activity,
The sharing of and protection from
disclosure of criminal intelligence,
and
The forfeiture of assets.
The above recommendations are not
just the AFPAs view, but the view of
the UN, Interpol, the Australian Crime
Commission, the Australian Federal
Police, State and Territory Police
Commissioners, international academics
and experts.
The best way to tackle organised
crime is to attack its funding base.
This can only be effectively done
with ‘non watered down’ Unexplained
Wealth legislation, similar to the
robust legislation enacted by both the
Northern Territory and the Western
Australian parliaments.
In addition to this, Western Australia,
South Australia, Northern Territory and
New South Wales have enacted strong
legislation to combat organised crime
groups, including OMCGs. Similar
legislation should be enacted by the
Commonwealth to remove jurisdictional
problems and to ensure a national
approach to tackling organised crime,
which in 2008 was identified by Prime
Minister Gillard’s predecessor, Kevin
Rudd, as a national security threat to
all Australians.
57
MEMBERSHIP information
Since 1942 the Australian Federal
Police Association (AFPA) and its
previous entities has continuously
represented Commonwealth law
enforcement officers. Some 65 years
later the AFPA and our membership,
operate in an increasingly complex and
dynamic law enforcement, national
security and employment environment.
The AFPA operates for the benefit of our
members and is the only industrial organisation
that represents all Australian Federal Police
(AFP) employees under the Workplace Relations
Act 1996. The AFPA also represents other law
enforcement and national security professionals
as part of our Associate membership service.
Our strong collective membership which is
solely made up of law enforcement professionals
enables us to influence decision makers at
various levels, whilst proudly remaining
politically unaligned.
The AFPA leadership is solely elected from
AFPA members; and only exists to protect
AFPA members’ interests. We are not a
generalist public service union but instead are
specialists in the Policing and law enforcement
profession.
The AFPA is an autonomous branch of the
Police Federation of Australia (PFA). The
PFA is our peak lobbying body on behalf of all
Australian Police Associations/unions. The PFA
provides additional research & lobbying capacity
for the AFPA on an ongoing basis.
• A
ppropriatehuman&financialresourcing
of the AFP to enable our members to
professionally and safely achieve the
Governments and AFPs operational
objectives
• P
rovidingspecialistrepresentationin
relation to legislated command and control
powers impacting on law enforcement
employees;
• E
ducatingpoliticiansandthepublicin
relation to issues impacting on the law
enforcement profession and our members.
EMPLOyMENT
As part of your membership fee the AFPA
provides various legal & welfare services
not normally available to law enforcement
employees which include:
LEGAL
• A
utomatic Legal funding (subject to legal
advice and AFPA Rules) for:
• FederalCourtandcriminalcourtmatters;
• C
ommonwealthLawEnforcement
Ombudsman inquiries;
• DeathinCustody&Coronialinquests;
• A
ustralianCommissionforLaw
Enforcement Integrity Hearings;
• H
umanRights&EqualOpportunity
commission Investigations; and
• O
therGovernmentorpublicinquiries
involving you as a law enforcement
employee.
• I nhouseprofessionallegaladviceand
immediate advocacy relating to:
• ProfessionalStandards;
• InternalInvestigations;
• Employeesuitabilityassessments;
2. Promote the interests and effective delivery
of Federal and ACT law enforcement;
• NaturalJusticeresponses;
• Paid&unpaidsuspensionfromduty
3. Protect our members from any malicious,
capricious or malevolent behaviour directed
against them within the context of their
professional role;
• Employmenttermination;
• Unlawfulorunfairdismissal.
The AFPA Objectives are to:
1. Promote and enhance the interests of our
members and their profession;
4. Provide professional association services to
AFPA members.
Your TAx DEDUCTIBLE membership fee
provides you with the following key services:-
PROFESSION
• L
obbyingatalllevelsofgovernmentto
influence policy formulation and decision
making to achieve:
• lawenforcement&nationalsecurity
legislative reform;
• C
omprehensiveoccupationalhealth
& safety within the law enforcement
environment for our members working at
home and abroad;
• R
obustbutfairemployment&integrity
measures for AFP & other law
enforcement employees;
• P
rofessionalassistanceinregardsto
comcare & Veterans Entitlement Act claims;
criminal injuries compensation; and Third
Party claims.
INDUSTRIAL
• I mprovingremunerationandconditionsof
employment by providing:
• Collectiveandindividualnegotiation
• Industrialandlegaladvisoryservice
• A
dviceontermsandconditions
of employment
• Advocacybeforetribunals
• R
epresentationinrelationtoindividual
and collective disputes
• R
epresentationinhearings(including
unfair treatment , dismissal and
redundancy)
• A
ssistancewithsalaryand
performance reviews.
LIFE
The AFPA provides various financial and
lifestyle services & discounted products for
law enforcement employees including:
• Free basic Last Will and Test ament service;
• Access to AUSPOL Health’s special offer
for law enforcement and emergency services
personnel, volunteers and their families;
• Automatic membership of:
• Union Shopper;
• Defcom discount services
& product range;
• canberra Services club
• canberra club (affiliated with national
& international executive clubs);
• canberra Rugby Union club (RUc)
• Access to discounted loans through Members
Equity bank;
• Access to a range of new motor vehicles at
national fleet rate (same rate as government);
• Access to Police Holiday Homes;
• Access to discounted travel &
accommodation; and
• Other discounted services and products
exclusive to the AFPA
• Discounted and unconditional Life Assurance
up to $1.1 million dollars
WELFARE
• D
eath benefit from $100,000 up to
$200,000 (depending on member status)
• $5,000 Funeral Assistance benefit upon
death of member;
• $5,000 Immediate Household Welfare
benefit upon death of member;
• child/s Educational Assistance benefit up to
$20,000 upon death of member;
• Transit Injury Assistance benefit from
$12,000 up to $30,000 (depending on
member status)
• $10,000 24/7 critical Illness & Injury of
member;
• $5,000 Member bereavement Assistance
(death of spouse);
• Access to AUSPOL – Police Welfare
Foundation;
The AFPA is Australia’s ONLY federally
registered industrial organisation exclusively for
all AFP employees and federal law enforcement
professionals!
• Membership is for AFP & commonwealth
law enforcement employees only;
• Members elect their own representatives,
ensuring employees retain control over their
own issues;
• Zone representatives elect the National
President, cEO & Vice Presidents from their
number ensuring the AFPA is fully managed
& controlled by AFPA members only;
• Membership is FREE for new employees
whilst you are attending induction/recruit
courses provided the AFPA application form
has been completed & lodged with the AFPA
National Office;
• The AFPA is a ‘not for profit’ organisation,
is not affiliated with any political party and
does not make political donations.
MEMBERSHIP application form
AFP Employee
Employee (Other Law Enforcement Agency)
AGS No
Status
Service No
Police Officer
PSO
Special constable
Gender
Non Sworn
First Name
Surname
Mobile
Phone (h)
Phone (w)
Internal #
Male
D.O.b.
Home Address
Female
/
/
Postcode
Mailing Address
Postcode
Email (h)
Email (w)
Work Function
Salary band
composite Rate %
Office Location
Completiondateofinduction/recruitcourse//
Employment Status
Ongoing
Non-Ongoing
JoinedAgency//
casual
LIFE INSURANCE BENEFICIARy: As part of your membership fees we cover all AFPA members for life assurance cover due to the dangerous
nature of the work. It is a non-exclusion based life assurance cover to the value of $100,000. My life assurance is to be paid to:
PERSON 1 (
%)
PERSON 2 (
%)
PERSON 3 (
Name
Name
Name
Address
Address
Address
Phone (
)
Phone (
)
Phone (
%)
)
SPECIAL INSTRUCTIONS
I wish to bequeath $
of my Life Assurance Policy to the AUSPOL Police Welfare Foundation.
INDUSTRIAL AGENT AUTHORITy
I hereby authorise the Australian Federal Police Association (AFPA) to represent my industrial interests on all matters. This authority transfers sole
industrial representation rights to the AFPA. This authority covers wage agreements and any other industrial matter I may be involved in during my
employment with the
AUTHORITy TO DEDUCT TAx DEDUCTIBLE | SUBSCRIPTIONS FROM SALARy
I hereby authorise the commonwealth, its duly appointed servants and agents to transfer to the Australian Federal Police Association each fortnight from my
salary, my fortnightly subscription; currently: One percent (1%) of base salary, plus composite penalty rate and if applicable any Higher Duties Allowance.
The amount to be deducted in accordance with this Authority shall be the amount which the National President of the AFPA shall certify and advise as
fortnightly subscription payment.
WELFARE DEDUCTION AUTHORITy
I wish to make a tax deductible donation of $
per fortnight to the AUSPOL Police Welfare Foundation.
(Note: Donations of $2.00 and above are fully tax deductible)
The Life Assurance Authority; Industrial Agent Authority; Authority To Deduct Tax Deductible Subscription From Salary; and Welfare Deduction Authority,
shall remain in force until revoked by me in writing. All payments made on my behalf in accordance with the above authorities shall be deemed to be payments
from me personally.
Full Name
AGS No
SIGNATURE
DATE
Nb. Subscriptions rate includes 10% GST. The annual rate is capped and will be automatically adjusted by the percentage increase as per the collective
Agreement adjustments, or in the absence of a collective Agreement, by the Federal Government Wage index.
NOTE: Associate members may be subject to special fee structures appropriate to their roles and income. All members will be governed by and subject
to the registered rules of Police Federation of Australia and the rules and policies of the Australian Federal Police Association branch of the Police Federation of Australia.
POLICE WELFARE FOUNDATION
AUSPOL
AUSPOL - Police Welfare Foundation was primarily
established to assist serving and former law enforcement
officers and their families, however assistance may be
provided to any person in need.
AUSPOL - Police Welfare Foundation has been approved by
the Australian Taxation Office as a public fund for the relief of
persons in necessitous circumstances.
The types of assistance that AUSPOL - Police Welfare
Foundation may offer include assistance with the immediate
financial needs of an employee and/or their dependants in
a case where there is a loss of life or livelihood. It could
also cover emergency financial assistance in the case of an
unexpected crisis. All requests for assistance will be considered
and assessed according to the information provided by the
applicant and other relevant information available.
A person is in necessitous circumstances where his or her
financial resources are insufficient to obtain all that is
necessary, not only for a bare existence, but for modest
standard of living in the Australian community. A strong
indicator of this would be where a persons level of income is
such that they are eligible to receive income tested government
benefits.
DEDUcTIbLE GIFT REcIPIENT
The AUSPOL - Police Welfare Foundation is a Deductible Gift
Recipient (AbN# 53 881 349 879) approved in the category
Welfare and Rights under item number 4.1.3: Public Fund
for Persons in Necessitous circumstances. The Australian
Taxation Office Deductible Gift Recipient status is one of the
highest levels of recognition by the Australian Government.
It also means in practice that gifts of $2.00 or more are tax
deductible for the donor.
WELFARE DEDUcTION AUTHORITY
I wish to also make a tax deductible donation of
$
per fortnight to the AUSPOL Police Welfare
Foundation. (Note: Donations of $2.00 and above are
fully tax deductible)
Full Name
AGS No
SIGNATURE
DATE
Blue Light brings police and youth together
to provide young people with positive lifestyle
alternatives and strategies to avoid becoming an offender or
victim of crime. Visit www.bluelight.com.au for more info.
The underlying factors governing
all Blue Light activities is that
they must be:
• Free from alcohol
• Free from drugs
• Free from anti-social behaviour
• and FUN!
We do more than just dance
Compare our home loan rate and save!1
Name
Interest Rate
PCU (Police Value Variable2)
6.24% p.a.
NAB (Tailored Standard Variable)
6.99% p.a.
St George (Standard Variable)
7.04% p.a.
ANZ (Standard Variable)
7.42% p.a.
Commonwealth Bank
(Standard Variable)
7.01% p.a.
Westpac (Rocket Repay
Standard Variable)
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Comparison Rate
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Switch your home loan to PCU
& we will pay you $500! 3
For more information visit your local branch (details on back cover),
phone 131 PCU (131 728) or visit www.pcu.com.au
Follow PCU on Twitter and
get up to the minute updates
from @NSWPCU
Like us on facebook
www.facebook.com/NSWPCU
Effective Date 9 May 2012. *Awarded to the PCU Low Interest Visa Card. 1. This information was correct as at 9 May 2012. 2. Police Value Home Loan only available to current
serving Police who are members of the Police Association and AFPA. Rate discounted against Premium Home Loan. Terms and conditions apply and are available on request.
Fees and charges and lending criteria apply. 3. Minimum loan amount is $30,000. This offer is available from 1 July 2011. Members current home loan with competitor must
be fully discharged and refinanced with PCU. $500 will be credited to S1 account on settlement. The product issuer for deposit and payment products is the Police Department
Employees’ Credit Union Limited. A Financial Services Guide (FSG) including terms and conditions is available at all Branches, on our website and upon request. Any advice
given has not taken into account your personal needs and financial circumstances and you should consider whether it is appropriate for you. Please read and consider the FSG
in deciding whether to use a particular product. The Police Department Employees’ Credit Union Limited. ABN 95 087 650 799. AFSL/Australian Credit Licence No. 240018.
Level 27, 1 Market Street, Sydney NSW 2000.

Police take on the Bikies - Australian Federal Police Association

Transcription

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