Victory over a stupid and oppressive law
It was an unmitigated attack on freedom of association that was wide open to abuse by unscrupulous cops. It's a sad day when we have to have bikies standing up for our individual liberties
THE South Australian Government must go back to the drawing board with its anti-bikie law after the High Court's ruling it is unconstitutional, a lawyer for the Finks bikie gang says.
The High Court today declared as unconstitutional sections of SA's controversial laws banning gang members from associating.
The majority judgment throws into doubt a key aspect of South Australia's Serious and Organised Crime Control Act, which allows restrictions to be placed on gang members without a court having the power to review the evidence.
The High Court has sided with the Finks Motorcycle Club, upholding a ruling by the SA Supreme Court in 2009.
Finks lawyer Craig Caldicott said the state government should reconsider the legislation. "This legislation is flawed and, clearly, they have to go back to the drawing board," Mr Caldicott said. "We have been saying from the start there are better ways of doing all of this.
"What they have done is decided that they will try to enforce draconian laws that the High Court has ruled invalid."
Following today's judgment, the South Australian government has been ordered to pay costs to Finks motorcycle gang members Sandro Totani and Donald Hudson. [Great!]