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Bikies mates warned to stay away from declared gangs under threat of criminal prosecution

Official warnings have been handed out to people with no criminal convictions in a bid to stop them from associating with declared bikie gang members under Queensland’s consorting laws.

Harley Barbaro leaves the Southport Watch House on the Gold Coast

“CLEANSKIN” Queenslanders are being handed official warnings to stay away from bikies under the threat of criminal prosecution as part of the state’s tough consorting laws.

The laws implemented to stop bikies from associating with other known criminals, are now being used to stop people, without a criminal history, from continuing or forming relationships with the declared gangs members.

Rebels national outlaw motorcycle gang (OMCG). Picture: Nicole Garmston
Rebels national outlaw motorcycle gang (OMCG). Picture: Nicole Garmston

Police sources have told The Bulletin the new tactic was aimed at isolating bikies further, not only from their fellow gang members, but also from other members of the public.

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“It’s working. Bikies are walking away from their gangs because they can’t hang out with anyone, they are being isolated to the point where they can’t even have a coffee with a friend,” the source said.

“It’s also about letting people know that the person they are forming a friendship with is part of a gang, it’s about keeping them safe, away from becoming a potential victim, or being brought into the fold of the gang.”

Rebels bikies were arrested during a statewide blitz. Photo: QPS
Rebels bikies were arrested during a statewide blitz. Photo: QPS

Gatenby Criminal Law director Michael Gatenby said he had some Gold Coast clients who had no criminal history but had received official warnings from police for consorting with known criminals.

“It’s pretty isolating (for convicted criminals),” he said.

“It’s taking mates away from people at a time where you are trying to get through and talk to them and rehabilitate them.”

Mr Gatenby said he was also aware police were serving notices for people who had contact with convicted criminals in other states, such as Tasmania.

The lawyer has previously gone with clients as they were served by police with the notice.

Harley Barbaro leaving Southport Watchhouse. Picture: Jerad Williams
Harley Barbaro leaving Southport Watchhouse. Picture: Jerad Williams

“I haven’t been served but police have told me I could be,” Mr Gatenby said.

There are exceptions granted under the consorting law for people talking to named persons who are immediately related to them or for work purposes.

Grant Lawyers director Jason Grant said he was aware of one person who was a “cleanskin” who had been given a warning under the anti-consorting legislation.

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“It means effectively that people who have done nothing wrong are limited in their freedom,” he said.

Mr Grant said he was not aware of any persons with no criminal history being charged under the law.

Moloney MacCallum Abdelshahied Lawyers principal Campbell MacCallum is representing Harley Barbaro — the first person in the state to be charged under the anti-consorting laws.

Barbaro is set to fight the charge in the Southport Magistrates Court in the coming months.

Mr MacCallum said the powers given to police under the law were “extreme” and “effectively unreviewable”.

“It defies belief that this should extend to serving notices on people with little to no criminal history at the whim of any officer on the beat,” he said.

“Unfortunately, there is absolutely nothing prohibiting an officer serving a notice on a person with no history, prohibiting contact with an associate who may have a single, minor conviction for possession of a joint for example at some point in the past; there are simply no efficient or effective safeguards against abuse, or avenues for review.”

The consorting law revelations come as bikies have been warned to not bother going on holiday’s in Bali, with authorities there threatening to deny them access and put them on the first flight home in an attempt to stop them meeting fellow gang members in the holiday hot spot.

Original URL: https://www.goldcoastbulletin.com.au/news/crime-court/bikies-mates-warned-to-stay-away-from-declared-gangs-under-threat-of-criminal-prosecution/news-story/ba35a45d4739cd84e28c9cf49b712e59