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NEWS
VLAD challenge rejected by High Court
The nation’s highest judicial power has delivered its verdict on the court case which has cost over a million dollarsA majority ruling by the seven Justices of the High Court has rejected a challenge to Queensland’s so-called “anti-bikie laws” – the Vicious Lawless Association Disestablishment Act 2013 (VLAD).
In its judgement summary – it will take some time to digest the full verdict -- the High Court said that “the plaintiff lacked standing to challenge the Vicious Lawless Association Disestablishment Act 2013 Act and certain other provisions of the Criminal Code and the Bail Act 1980 introduced by the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013.
The Disruption Act and the Tattoo Parlours Act 2013 inserted new offences into the Criminal Code and Liquor Act respectively, elements of which involved being a "participant" in a "criminal organisation", or wearing symbols of membership of a "declared criminal organisation".
The High Court Challenge was called Kuczborski v. The State of Queensland, with Stefan Kuczborski a member of the United Motorcycle Council of Queensland (UMC). The UMC – a coalition of 17 Queensland bike clubs -- officially put up its challenge against VLAD on March 19 this year.
The action has been led by barrister Wayne Baffsky, who previously led the 2011 High Court case which threw out a New South Wales Government law that criminalised the Hells Angels Motorcycle Club.
The High Court’s judgement also said: “The plaintiff argued that the laws creating the new offences in the Criminal Code and the Liquor Act impermissibly enlisted the court to give effect to the Parliament's or the executive's intention to destroy criminal organisations. This argument was not accepted.
“The majority of the Court held that these laws did not require the courts to proceed otherwise than in accordance with the processes which are understood to characterise the exercise of judicial power.”
We’re still awaiting comment from Baffsky and the UMC on today’s High Court verdict.
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Written byBikesales Staff
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