SA Government launches new legal action after High Court overturns declaration on Hells Angels’ base at Ponde

The Hells Angels have been given a three-week deadline by the state government to respond to new plans to shut its Ponde compound.

• Hells Angels win Round 2 Ponde battle

The state government has given the Hells Angels three weeks to respond to new plans to try again to shut its Ponde stronghold before drafting new regulations or legislation.

On Wednesday, the High Court unanimously found that a declaration that Ponde was a prescribed area, making it off-limits to any member of a criminal organisation, was invalid.

The court was scathing of the order itself, saying it was so badly written as to be ineffective and deficient.

It is the second time the government has been beaten in court by the Hells Angels over Ponde.

On both occasions, the Supreme Court and High Court respectively ordered the government pay the bikies’ costs, which include the costs of their legal team of top civil barristers and veteran solicitors.

Drone shots show car remains at the Hells Angels’ Ponde property. Picture: Nine News

Attorney-General Kyam Maher said the government would be taking “the strongest possible action” in response to the court decision.

“I want to make it very clear, outlaw motorcycle gangs and the thugs and criminals who are members of them should take absolutely no comfort from the High Court decision.” he said.

“Within hours of the decision being handed down the government took legal advice and has written to the owners of the property at Ponde saying we are starting the process to look at remaking the legislation to declare that property a prescribed place, and given the opportunity for the owners to put forward their views about doing that.

“We’ve given a limit of three weeks for submissions to be made and at that time the government will consider what has been put forward by the owners of the property, and by SAPOL and any other information before deciding whether to remake the regulations.

“I want to reiterate we have absolutely zero tolerance for the misery that outlaw motorcycle gangs bring on the community.”

Attorney-General Kyam Maher. Picture: NCA NewsWire / Naomi Jellicoe

Mr Maher said three weeks was a reasonable time for the Ponde owners to respond, and follows the High Court judgement noting owners and occupiers need the chance to be heard.

He noted governments have has “extreme success in past 15 years in cracking down on outlaw motorcycle gangs”.

Ponde was not included on the 2015 original list of 16 prescribed places which targeted bikie clubhouses.

Mr Maher said a decision about further regulations would be made after the three-week deadline and the government reserved the right to change the legislation, with the expectation any new legislation would be supported by all MPs.

He was unable to put a figure on the legal cost to taxpayers so far.

“There isn’t a cost you can put on keeping South Australians safe, and there isn’t a cost you can put on stopping outlaw motorcycle gangs getting a foothold in South Australia,” he said.

“Most South Australians would expect the government to do everything they can to stop outlaw motorcycle gangs doing what they do.

“We are going to do whatever is necessary to stop outlaw motorcycle gangs peddling their misery in SA.”

Under the Criminal Law Consolidation Act any person who is a participant in a criminal organisation who enters, or attempts to enter a prescribed place, comments an offence.

“Participants” include officeholders, members and those seen to be members of the criminal organisation.

The High Court decision means Ponde is not presently a “prescribed place” under the Criminal Law Consolidation Act.