Australia - Finks in High Court bid to block Queensland police declaring them a criminal organisation

OFF THE WIRE
Jeremy Pierce
heraldsun.com.au

SOME of Queensland's most senior bikie gang members are expected to accompany a high-priced legal team to Canberra this week when the Gold Coast chapter of the Finks will try to block a bid to declare them a criminal organisation.
The Finks delegation will front the High Court on Friday to make a "reversal application" against a Queensland police submission to have the gang declared a criminal organisation under legislation introduced in 2009. It was activated after two people were shot at the Gold Coast's busiest shopping centre this year. The Finks are seeking to have Queensland's Criminal Organisation Act declared unconstitutional after Police Assistant Commissioner Mike Condon alleged the Finks had been involved in crimes including murder, extortion, robbery and drug trafficking and posed "a great risk to the community". Similar moves in South Australia and NSW to have bikie gangs declared criminal organisations have been defeated in the courts by the Finks and Hells Angels respectively. The Gold Coast chapter of the Finks has hired one of Australia's top barristers, $12,000-a-day Sydney silk Bret Walker, SC, who led the Finks' successful High Court challenge two years ago against similar laws in SA. Mr Walker also represented tobacco companies in their fight against the Gillard Government's plain packaging legislation. He is being briefed by high-profile Gold Coast criminal lawyer Bill Potts. Mr Potts, a long-time Finks legal representative, will also travel to Canberra with Sydney lawyer Peter Kulevski who is also part of the delegation. The QPS is also attempting to have a company allegedly associated with the Finks declared a criminal organisation. If the Finks application is successful, the case would be heard in full by the High Court, probably next year. The case is expected to take six weeks, meaning it could be 2014 before a decision is reached.