Motorcycle clubs give students the low down on anti-bikie laws

United Motorcycle Council's Mark Nelms and Russell (Camel) Wattie and Associate Professor Anthony Gray

Law students at USQ's Springfield campus were treated to a larger than life lesson on the old adage ‘there are two sides to every story’ this week with a visit from members of the United Motorcycle Council (UMC).

UMC Chairperson and Hells Angels Motorcycle Club member Mark Nelms and UMC Media Spokesperson and Outcast Motorcycle Club’s Russell Wattie were invited to speak to the law students about whether the Criminal Organisation Act of 2009 was constitutional.

The Act has been the result of an election promise made by Premier Anna Bligh to introduce anti-bikie laws such as anti-association and anti-fortification laws already in use in other states following a spate of bikie related violence in Queensland.

Associate Professor Anthony Gray said if proclaimed, the legislation would mean application could be made by police to the Supreme Court to have motorcycle clubs deemed ‘criminal organisations’ after providing a brief of evidence based on criminal intelligence.

'Courts can make ‘control orders’ against individual members of criminal organisations, banning them from ‘associating’ with other bikies and police can apply to the Supreme Court for the removal of fortifications aimed at preventing access to premises by law enforcement.'

Mr Nelms told students that bike clubs were more than just sporting clubs and were a way of life, with members living everyday lives with families and paying taxes just like everyone else.

'This Act can punish any social group whose members may have past criminal convictions,' Mr Nelms said.

'Let me ask you this, are bike clubs that great a threat to your way of life that you are willing to take away the civil liberties of every Australian in order to control them? If they take away your civil liberties, where does it stop?'

Mr Nelms also compared the recent controversy of the Melbourne Storm with the definition of organised crime.

'They were organised - more than one person knew what was going on, they were secretive - there were two sets of books in operation. Will they be prosecuted? Will anyone who has a future association with them be subject to this Act,' he asked.

Mr Wattie said the Act could mean his own brother who has no criminal record could be jailed for having an association with him.

'I served time in Holland when I was younger and have now turned my life around, leaving my past behind me. I own and operate a successful business and yet I can be jailed for having a drink with my club brothers. This law won’t let me leave my past behind.'

The question and answer session following Mr Nelms and Mr Wattie’s talks went overtime as students debated whether the laws were constitutional and whether bike clubs were responsible for their poor perception through the media.

Associate Professor Gray said this kind of session was exactly what law studies should be about.

'By listening to the members of these motorcycle clubs the students were able to hear another side to the story and I hope to have a representative from the Queensland Police attend in the next few weeks to give their view.'

'These students will become our next practicing lawyers, judges and law makers. It is important they consider the long reaching effects of the law on real citizens of Australia.'

Contact Details:
Jo-Ann Sparrow, USQ Media, +61 7 3470 4119 or 0438 309 096