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Hells Angels’ lawyer Jon Lister accuses state government of abandoning procedural fairness over new Ponde bikie ban

The lawyer for two senior Hells Angels has blasted the state government over its new plan to take their River Murray stronghold, accusing them of side-stepping the High Court.

Police scour Ponde Hells Angels' party property

The lawyer for two senior Hells Angels bikies says the state government has “abandoned” procedural fairness and failed to give his clients the chance to respond to plans to ban them from their River Murray stronghold by proposing a new law.

Attorney-General Kyam Maher on Thursday introduced a bill into parliament to ban the bikies from visiting their Ponde property after the High Court this month overturned a state government declaration of the property as a “prescribed place”.

On August 2, the High Court unanimously allowed an appeal by Peter Stacy and Stephen Taylor, the directors of Disorganized Developments, the company that holds the lease over the property, 100km east of Adelaide.

Mr Stacy and Mr Taylor’s lawyer John Lister told The Advertiser Mr Maher’s claims the government had not received “substantive submissions” was “incorrect”.

The Hells Angels Ponde stronghold seen from the air. Picture: Nine News
The Hells Angels Ponde stronghold seen from the air. Picture: Nine News

“Soon after the decision of the High Court was handed down, our clients were advised that the government was proposing to recommend that the Governor make a new regulation declaring the Ponde property to be a prescribed place, and invited submissions on why that should not be done,” Mr Lister said.

“In accordance with their right to procedural fairness, our clients sought from the Minister identification of the ultimate facts by reference to which such a regulation could be shown to have a purpose authorised by law.

“Provision of those facts would then have enabled our clients to respond in detail.

“Instead of responding to our clients’ request, and without notice to us, the Attorney-General abandoned that process and instead announced that the government will seek to pass legislation in parliament, presumably to side-step the procedural fairness that the High Court held our clients were entitled to.”

Mr Stacy and Mr Taylor are now exploring what options they have to return to their home away from home at Ponde, which had hosted a popular music festival and been a regular meeting place for gang members for decades.

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

Attorney-General Kyam Maher said the state government would do “every single thing within our power, including the parliament and legislation to make sure ... outlaw motorcycle gangs do not re-establish a foothold in South Australia”.

“We have, for more than a decade, had very draconian laws that have seen their influence completely dwindle in this state.

“Quite frankly, bikies and their lawyers can cry me a river if they’re concerned about us legislating to make sure they don’t get a foothold again.

“They can contact whoever they want (to block the legislation) but I’ve got to say, I don’t think they’ll find a lot of sympathy from members of parliament for supporting outlaw motorcycle gangs.

“We fully expect parliament to pass it.”

Originally published as Hells Angels’ lawyer Jon Lister accuses state government of abandoning procedural fairness over new Ponde bikie ban

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Original URL: https://www.goldcoastbulletin.com.au/news/south-australia/hells-angels-lawyer-jon-lister-accuses-state-government-of-abandoning-procedural-fairness-over-new-ponde-bikie-ban/news-story/7b8b9e93688ed64d83b8b6083c88fbc4