WHEN THE GOVERNMENT & POLICE SERVICES ATTACK
THE RIGHTS OF ALL AUSTRALIANS, IT IS THEY WHO OUGHT TO BE DRAGGED BEFORE
THE COURTS
Latest attempts to tackle crime in Australia, are in themselves being exposed as a crime against justice.
Laws of association, laws that dictate where a person can
work, what they can own, what they can wear, where they can go, and how a
judge must act, are unacceptable in any supposed democratic nation.
Not only are the new laws abhorrent, they were rushed
through with out adequate scrutiny, so far the list of changes needed
are a disgrace, the wording alone has been a failure with the government
now rushing through amendments to make the laws work.
The list of prescribed places that people/bikers can not
visit has already entrapped the innocent, with a man who purchased his
workshop in 2006, finding it on the list of prescribed places, simply
because prior to the purchase it was a gearbox repair shop, owned by an
ex member of a bike club.
Innocent motorcyclists are also being hit hard by the
legislation, with riders already lodging complaints as a result or
police intimidation, even those riding sports bikes, so is wearing black
leather now an offence?
Then there is the "What you can wear" section that
resulted in arrests because of a belt buckle, or the young man
questioned for wearing a "Sons of Anarchy" shirt, which is from a
television show.
Some of the answers offered up to those who chose 2 wheels
as their mode of transport, is that if they are to ride together in
groups of 3 or more, they should liaise with police first?
So people know, I ride a motorcycle more so
now days for recreation, so if I go for a ride with a friend, and meet
up with another, should I have to phone and ask permission of the
police, should I have to accept police intervention and questioning, or
wear dodgy fines and defects if I dare question the polices motives?
Because that is already happening.
It appears now the QLD police are pulling over innocent
bikers because they fear the outlaws as they are being labelled, may
have taken of their colours, making every innocent biker the target of
intimidation.
So the tough new laws are not working, because if they do,
all that will happen is the criminal component of motorcycle clubs will
simply go underground, making policing harder than ever. An interesting
statistic to add here is that the governments own facts show the
criminal component of the banned clubs account for only 0.3% of crime.
It is interesting to also note that while the clubs in
questions all rode wearing colours and gathered at designated club
rooms, the police were unable to convict them of the crimes the police
tell us they commit, so what chance will they have when the criminal
element go underground.
The administration of criminal justice is “not a political plaything or a suitable area for political grandstanding”.
Queensland police asked to ignore the law and community safety by their own commissioner
When the QLD police union warned that police were being
ordered to employ questionable tactics including the execution of
“dodgy” warrants on people’s homes, clubs and businesses, their senior
executive have stepped well over the mark and beyond their mandate.
Any legislation that allows police to arrest a person for
entering their own premises, is not supported by any form of justice,
and having senior police executive demanding police to ignore the law,
is unacceptable.
Bikers are also banned from their own businesses and or
visiting tattoo parlours, even if it is their lively hood, with police
staff told to check on these businesses up to 20 times a day, any
failure by the police to do as they are told, will face disciplinary
action or face being sacked.
Even the police themselves in QLD are objecting to being
taken off normal duties and being told to sit outside biker premises to
make sure the owners or members do not go inside, this also applies to
their own legal businesses.
If Bikers cannot go home, go to their businesses or their
own club houses, or can no longer seek the support of their close
friends, what do the police expect they will do? Pushing supposed
criminals underground, and pushing innocent parties over the line will
only result in more issues for QLD police, on top of undermining justice
at its grass roots.
The actions of Campbell Newman’s government have the
ability to make criminals out of honest people in the very same way the
failed South Australian laws did.
If a biker is on the straight and narrow regardless of
past mistakes, they can now have their business destroyed, their
property taken and their support network taken from them. If this
happened to any innocent man, the only option left to survive is the
very one these draconian laws are meant to address.
In Australia we have laws to address crime. Increasing
penalties in line with community expectations is one thing, writing
draconian laws that offend natural justice or that take away the
presumption of innocence are indeed abhorrent, but demanding that police
excuse our present protections is totally unacceptable.
The past 5 years have been interesting times in direct
relation with these serious issues, with most crime related articles
including even distant relationships to bikers, as if these proposed
legislative amendments are reliant on the public’s perceptions of bikers
in general.
So is the issue really about bikers, or is it as it appears, a massive grab for power?
Whether it is the result of this spin, or genuine public
outrage over the actions of outlaw bikers, the proposed legislation to
deal with the problem creates an issue for every Australian in regards
to the erosion of their civil and human rights, because the legislation
is not biker specific.
Many Australians are already showing their support for
laws that attack their own fundamental rights, but taking away the
rights of over 21 million people, over the abhorrent actions of a few
hundred, or even a thousand, is very short sighted indeed.
Bike riders in QLD that have even
joined in on charity rides are now finding their names on the list of
associates, so at every level, the actions of the government and the
police are worthy of criminal charges.
The high court has already dismissed as invalid previous
attempts by state governments to introduce similar legislation, but his
case goes further, because in essence the police themselves are being
asked to partake in criminal actions.
It is interesting to note, that the QLD police minister
stated “I don’t care if they give up their colours” so even if these
clubs disband, they will still be targeted, even those with no recent
criminal activity “should be in jail” 25 years jail for attending their
own property is bad law, who will be next is the question every
Australian should ask, but will they?
Imagine you are invited to a family barbecue in the park.
Your advernturous Aunt Chrissy, has recently started a new
relationship with Mick, a member of the Finks Motorcycle Club. You have
met Mick and a couple of his mates, also members of the Finks
Motorcycle Club, on one occasion before, and had a laugh over a few
beers.
You head out to the park with all the other members of the
family. As you are enjoying your steak and beverage Mick’s friends
arrive on their motorcycles and join in the fun. You have a chat with
them about the football game last weekend.
Under the new so called “Anti-Bikie” laws
you and possibly other members of your family have committed an offence
for which you could all be gaoled for a minimum of six months.
On top of that, you could be potentially liable to being hauled before the CMC to answer questions about Mick and his two mates.
This is what happens when governments pass laws that make people liable not for what they have done but for who they associate with, and you risk innocent people getting hurt.
These laws make no mention whatsoever of Bikers. They apply to any association of 3 or more people.
If say you are a member of the local bowls or golf club.
You get involved in a scuffle trying to throw a misbehaving member out
of the club. You are convicted of wounding, which simply requires that
the true skin of the other person is broken. Under these laws, you get
an extra 15 years added to your gaol sentence.
Bad law will never replace lazy policing, we have laws in
this country to address criminal actions, and we don’t need laws that
entrap the innocent. If the police cannot prove guilt by way of a
person’s actions, then that person is innocent until proven otherwise.
The QLD government are well aware that biker related crime
makes up for less that 1% of all crime (0.37%) yet are diverting all
their resources in the scrutiny of Outlaw motorcycle clubs, so one must
ask, who is watching the other criminals doing the other 99.63% of crime
in QLD?
On that note their own facts and figures also show that
less than 50% of Outlaw motorcycle club members have recorded offences,
so are the 51% that have done nothing wrong along with other innocent
motorcycle riders being entrapped by these laws considered acceptable
collateral damage?
Any minister or government that would promote laws
attacking the rights and liberties of their own people, or any minister
that dare demand our police services break the law, are the ones that we
should be charging with criminal offences.
Mark Aldridge
"Community advocate" & Independent Federal candidate for Wakefield SA
1 comment:
Queensland is set to host G20 Summit next year? An easy way to knock protest on the head is to apply these laws of association on people that gather outside the summit. It would put a damper on any protests in future if police dragged of and gaoled people for associating with a "violent element" of police provoked protest. Australians already protest too little, heavy handed laws of association could remove it from some minds all together.
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