Supreme Court rules laws declaring Hells Angels compound Ponde out-of-bounds to bikies are valid
It does not matter if two Hells Angels own an infamous riverside property, they still can’t go there, the Supreme Court has ruled.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
The Hells Angels have lost their most recent challenge to laws preventing them from setting foot on their prized 15ha Ponde compound.
On Thursday, the Supreme Court held that although the laws declaring Ponde a prescribed area where no member of a criminal organisation can enter were poorly worded, they still had the intent of restricting the movements of bikies.
The court also held that members of a criminal organisation are not owed procedural fairness in the declaration process and that even though two members of the gang own the property, they are not allowed to go there.
Ponde, which is registered as a property in Cowirra, 100km east of Adelaide, has been a Hells Angels stronghold for decades and once was the site of a popular music festival.
For the past two years, police and the Director of Public Prosecutions have been waging a battle to wrest Ponde from the Hells Angels.
The first attempt was to have the 15ha property forfeited as an instrument of crime after an alleged getaway car in the 2017 murder of Mark Boyce was found burnt out and buried at the site in September 2019.
That attempt would end in failure, with the DPP and the Crown Solicitors Office withdrawing the application and being ordered to pay the Hells Angels’ legal costs – which included for their top civil barrister Jonathon Wells QC.
In December 2020, a second attempt was launched, with the governor declaring Ponde a prescribed place, which would land any member of a criminal organisation in custody if they set foot on the property.
Ponde is owned by Disorganized Developments Pty Ltd, which has two directors – both full members of the Hells Angels.
Following an appeal by Disorganized Developments against the declaration, three questions of law were referred to the Court of Appeal for determination.
In a unanimous judgment, President Mark Livesey and Appeal Justices Sam Doyle and Chris Bleby found against the Hells Angels on all three questions.
Mr Wells argued during a hearing in November last year that the way the declaration had been made was invalid.
Solicitor General Mike Wait SC conceded the wording of the regulations was “sub-optimal” but argued the obvious purpose of the legislation was to have Ponde declared a prescribed place.
Mr Wells also argued the word “enter” when used to restrict people going into a prescribed place did not apply to owners of the land, but the court held the argument risked “syllogistic fallacy” and held the word enter was to be used in its broadest sense.
Finally, Mr Wells argued Disorganized Developments was owed procedural fairness over a decision affecting its property.
The court held that to allow procedural fairness would undermine legislation designed to restrict the activities of criminal organisations.
The case will return before the Court of Appeal next week for a costs argument.
Teens nabbed after wild pursuit in stolen car
Three teenagers have been arrested after an alleged wild pursuit in a stolen car, where they travelled up to speeds of 180km/h.
Suspicious fire at business in Adelaide’s east
Police have launched an investigation into a suspicious fire at an eastern suburbs business. It comes as a Flinders Park business was targeted in arson attacks two days in a row.