Under Fire Down Under

Michael Ehline AttorneyBy Ehline Law Firm PC – Although this is a story based upon a case in Australia, it has already happened here in the U.S. with biker clubs like the Mongols. Here, lawyers for a Victorian motorcycle club, are openly fighting a proposed law that would permit police to strike pre-emptively, against criminal bike gangs.

So What is a Criminal Biker Gang?

This is a tough one, since all one-percenters consider themselves outside of the law. In any event, lawyer John Suta, who represents the “Tramps Motorcycle club” (M/C), has described the law as a campaign that could be abused, while the lawyer for the Victorian motorcycle club said the law could also be used to target environmental groups or unions, who aggravate the government.

Could Laws Like This Open The Door To Target Political Enemies?

I tend to agree with counsel for the Tramps. I think that when the political winds are blowing in a different direction, these radical left wing laws could be used to hurt the very people who passed them. Attorney Suta said, the criminal justice system has current laws to deal with crime sufficiently, so why would these laws be necessary. I am not a lawyer Down Under, but I thick he is right. He said they are not needed and are politically motivated, as well as reactionary. Amen.

Legislation Was Introduced To Enable Clubs to Be “Banned” By the Government

Wednesday the legislation was introduced into state parliament, which would provide police with the power to apply Supreme Court order to biker and other gangs that are to be banned.
When a group that is declared illegal, the court can order banning members of the group to associate or participate in gang activities.

Suta said there are approximately 25 members of the Wangaretta based Tramps motorcycle club, who have no connection with any criminal activities. He said they are the type of gang that could be affected by these laws. The lawyer said that it would be at the Baillieu government’s discretion, if the laws are passed to close down other groups. He said the government has made it clear the laws will not only target bikers, it can also target other types of organizations. This means if the government does not like an environmental group or union, they can use these laws to close the organization, Suta said.

Other Groups Also Criticize the Law

The legislation has also been criticized by the Law Institute of Victoria, whether they would be legally enforceable. Attorney General spokesman, Robert Clark said the criticism, by the Law Institute of Victoria was “baseless conjecture.”

Guilty By Association?

Could you imagine this happening in the U.S.? Well it could. Don’t kid yourself. Clark said that the claim by the law institute that it would make unlawful meetings a criminal offense is “absurd.” He said the government does not want Victoria to be a sanctuary for criminal biker gangs, and in the Law Institute of Victoria’s view it would.