A Hells Angel bikie will fight in the High Court to overturn a NSW Police application to outlaw his gang.
A NSW Supreme Court judge has indicated he will begin sifting through masses of “criminal intelligence” in support of the police application, but has said it may prove to be a waste of time.
In the Supreme Court on Friday, Justice Peter McClellan heard the application of the NSW Police Commissioner that the Hells Angels be declared a criminal organisation.
Lloyd Babb, SC, on behalf of the commissioner, tendered a 31-page application to the court supported by several volumes of intelligence packed into six boxes.
Legal details kept private
Details of the application and accompanying material have not been made public.
The Supreme Court was told that a Hells Angel – later identified outside the court as senior member Derek Wainohu – had filed a matter with the High Court of Australia on Thursday against the state of NSW, opposing the state legislation on which the police application is based.
“I could be wasting my time if the High Court says this application is invalid,” Justice McClellan said.
“The proposition is that I stand the matter over for some eight weeks to enable me to understand what the High Court has done or intends to do.”
The matter was subsequently adjourned to September 27 for mention.
Outside court, a spokesman for the United Motorcycle Council (UMC) of NSW, Greg Hirst, confirmed Mr Wainohu’s High Court action and its reliance on the Australian constitution.
“Yesterday, Derek Wainohu filed a writ in the High Court of Australia seeking declarations that the Crimes Criminal Organisation Control Act of 2009 is invalid,” Mr Hirst told reporters.
“The basis of the writ is that the act, it will be argued, undermines the integrity of the Supreme Court and is beyond the power of the legislation in NSW.
“The argument raises important matters of principle that affect all people in NSW, such as our right to have an unfettered Supreme Court.
“The Australian Constitution will be relied upon in Mr Wainohu’s argument.
“The UMC supports Mr Wainohu’s battle and understands he will be doing his talking in court.”
Police have said previously that the aim of the application to outlaw the group is to “offset their criminal behaviour”.