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Tuesday, 8 December 2009

Finks bikie club in South Australia has been served with an anti-consorting notice

Finks bikie club in South Australia has been served with an anti-consorting notice by police under the state's tough anti-gang laws.The notices were issued last week but details were only revealed by bikies spokesman and Finks member Mick MacPherson on Tuesday.He said police went to the homes of every Finks member early on Friday morning to hand-deliver the notices which were issued under section 35 of the Serious and Organised Crime Control Act.Since the club has been named a declared organisation under the act, Finks members can be issued with notices to warn them of the risks of associating with one another more than six times a year.The notices can also be used to stop other people from regularly associating with Finks members.
However, Finks members or other bikies cannot be issued with tougher control orders after the South Australian Supreme Court recently ruled that part of the anti-gang laws were invalid.The state government is appealing against that ruling in the High Court.Mr MacPherson said he believed the actions by police were another attempt to silence the United Motorcycle Council of South Australia in its challenge to the anti-gang laws."One of the most disgraceful aspects of these laws is that you can never know when your number's up," he said."As a citizen, you may come into contact with a member of a declared organisation at the petrol station, at the cricket, wherever."If you collect six strikes against your name, whether you've committed a crime or not, the police can come knocking on your door."In a statement, police said the action taken against the Finks was in line with the declaration on May 14 that the club was a declared organisation."The notices set out that police believe the recipient to be a member of the Finks, that the Finks has been declared pursuant to the Serious and Organised Crime Control Act (and) that section 35 creates an offence in respect of associating with a member of a declared organisation," the statement said."The notices also pointed out the exceptions listed in the act and invited the recipient to obtain legal advice if they were in doubt about their position."
Police said the notices were intended to assist clear understanding of the anti-gang legislation.But Mr MacPherson said if police moved to arrest and charge him, then he would fight the matter in court."If they arrest and charge me then we'll take it to the courts, just like we have with the other matters," he said."And we'll win again."

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