Police consorting law fears as alleged bikie Barbaro and alleged associate start concrete business

An alleged Gold Coast bikie and alleged club associate have launched a business - frustrating police who say there are ‘embarrassing’ loopholes in consorting laws.

An “embarrassing” loophole in state’s bikie laws means an alleged Gold Coast member of the Mongols and alleged club associate can be business partners - despite official police warnings not to have contact with one another.

Company records show Southport business Upfront Concrete Proprietary Limited was founded in June. Its directors are alleged Mongols member Harley Joe Barbaro and alleged associate Harley Kenneth Cranston.

Police sources within the Organised Crime Gangs Group claim the pair have both been issued official warnings for consorting, essentially banning them from associating with each other either face-to-face or electronically.

“(But) we’re powerless to intervene when it comes to them (Barbaro and Cranston),” an officer within the specialist police unit said..

“It’s embarrassing. They can spend all day on a job site together, drive around in a car together – go to each others houses for a business meeting.

“It’s all perfectly legal.”

Alleged Mongols OMCG member Harley Joe Barbaro.

WEEKEND PAPERS ONLY Nicholas John Forbes pictures of people who received official warning for consorting Harley Cranston

The officer said it was an example of how a “loophole” in state consorting laws was allowing members of outlaw motorcycle gangs to avoid being charged despite having official warnings.

A person cannot be held responsible for the offences of habitually consorting under the state’s Criminal Code if the consorting was reasonable in the circumstances, including while genuinely conducting a lawful business or genuinely engaging in lawful employment.

“I talk to my colleagues at work about what I do in my free time,” a police source within the gangs group said.

“Are we seriously that we don’t think bikies can talk about club business while on the worksite?”

The criticism comes as a leaked internal police email sent from a senior officer to staff within the organised crime gangs group last year, and obtained by the Bulletin, appears to discourage staff from targeting Gold Coast bikies for consorting and breaching bail.

“The logs showed that consorting offences resulted in full briefs of evidence that chewed up a lot of our time,” the senior officer writes in the email.

“There were some successful challenges (by the bikies). A similar result for breaches of bail.”

The officer then goes on to raise concern that officers have spent “a lot” of time patrolling licensed venues on weekends for “no results”.

“No arrests, street checks or intel gained,” the officer said.

“If we have specific intel that OMCG members are at a particular licensed premises then we respond.

“We need to be more focused. If we leave the office, we should have a specific purpose.”

Data obtained by the Courier Mail in April revealed 34 people had been charged with habitually consorting over the past seven years. There were seven charges in 2023, down from 15 in 2021.

In response to the data, Organised Crime Gangs Group Detective Superintendent Troy Pukallus said the QPS would “always” be open to discussions with government on legislation changes.

“Regardless of what we think of the current legislation, we will always advocate for legislation which improves what we do,” Det Supt Pukallus said.

“Or at least proposing changes that would make our work more efficient or more effective.”

Detective Superintendent Troy Pukallus, Organised Crime Gangs Group said the QPS is “always” open to discussions on improving current legislation. Picture: Liam Kidston

The Bulletin asked Police Minister Mark Ryan whether he was comfortable with suggestions raised in the internal QPS email and if he thought the state’s consorting laws were strong enough.

In a statement, a spokesman for Mr Ryan and Attorney-General Yvette D’Ath said the government “won’t stand” for organised criminal activity.

“That’s why we have some of the strongest anti-consorting in the country,” the spokesman said.

“If the Queensland Police Service has proposals for how to improve any legislation to make it even stronger, then the government will act on those proposals.”