‘It’s freedom of speech’: Descendants bikie founders Thomas and Perry Mackie fighting to stay in SA

The two founding members of the Descendants motorcycle gang are fighting to return to SA and overturn the decision to cancel their visas.

The two founding members of the Descendants motorcycle gang were not exercising their free speech when they banded together to oppose bikie association laws, but were trying to protect their criminal interests, a court has heard.

Adelaide brothers Thomas and Perry Mackie are fighting government efforts to have a decision by the Immigration Minister to have their residency visas cancelled overturned.

Having lost an appeal before a single justice of the Federal Court, the Mackie brothers bought in the big guns – retaining eminent NSW appeal barrister Bret Walker SC whose former clients include George Pell and Christian Porter.

Before a hearing of the Full Court of the Federal Court on Monday, Mr Walker argued that quotes from Thomas Mackie in 2009 and published in The Advertiser were examples of free speech.

The Mackies were instrumental in banding together other outlaw motorcycle gangs to oppose laws which restricted members of the gangs from associating in public.

Tom Mackie was photographed and interviewed during the campaign.

Descendants bikie Perry Mackie. Source: Facebook

Tom Mackie, senior member of the Descendants.

In the application to revoke the Mackies’ visas the government said the campaign was an indication that the brothers were not willing to obey Australian laws.

“It does not demonstrate a willingness to break the law they are protesting against,” Mr Walker said.

“To be a part of the debate is to be law abiding.”

However, Justice Steven Rares asked whether the Immigration Minister’s view was more in accord with the facts.

Tom Mackie.

“A bystander would understand that it is not meaning what are you saying and think that these people are criminals and they don’t want anyone controlling their unlawful activity,” he said.

“It might seem that these people have been disobeying the Australian law for 40 years and now when there is a law designed to curb that they are out there on the foot trying to stop it.”

Mr Walker said that mere opposition to a law was not the same as actively disobeying it.

“Speaking for myself, there are many laws that I wished didn’t exist, but that doesn’t mean I wouldn’t obey them,” Mr Walker said.

“We are not talking about subversive activities here, but overt, namely talking to The Advertiser.

“None of that produces a lack of willingness to obey the law.”

The Mackies were taken into the custody of Australian Border Force officers on December 22 last year at their Prospect and Ingle Farm homes.

They have remained in an immigration facility in Broadmeadows in Melbourne since then.

The court heard that The Descendants had been founded by the two brothers and that members of the gang had been linked to drug dealing and acts of violence.

However, the brothers themselves had no serious criminal offending within decades of their extradition.

The Federal Court reserved their decision.