Harley Barbaro loses High Court case regarding anti-consorting law

An accused bikie who beat a consorting with criminals charge has lost a High Court battle about how the law is applied.

AN accused bikie who beat a consorting with criminals charge has lost a bid to fight in the High Court how Queensland’s tough anti-consorting gang laws are applied.

Gold Coast-based alleged Mongols gang member Harley Barbaro – brother of slain Sydney underworld boss Pasquale Barbaro – and his legal team Moloney MacCallum Abdelshahied Lawyers earlier this year asked the High Court to hear an appeal to help “clarify” how anti-consorting warnings are given in Queensland.

Last month the High Court ruled there were not enough grounds for an appeal.

Moloney MacCallum Abdelshahied Lawyers principal Campbell MacCallum said it was disappointing they would not be allowed to go ahead with it.

“What it does mean is that the notices in their original form which have already been issued by Queensland police have been deemed to be valid,” he said.

The decision does not change the fact that Mr Barbaro was acquitted of the charges but does provide clarification on a legal point.

The anti-consorting laws mean people can be issued with a notice prohibiting them from contacting two or more registered offenders named on the warning notice.

Lawyer Campbell MacCallum with Harley Barbaro. Picture: Jerad Williams.

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In March 2018, Barbaro was the first person to plead not guilty to consorting.

Magistrate Kerry Magee acquitted him and said the warning notice issued to Barbaro was invalid because it included multiple registered offenders he could not contact.

She ruled warning notices should have been given to Barbaro for each offender.

Attorney-General Yvette D’Ath in December last year successfully appealed that decision and asked for clarification whether a consorting notice would be valid if it listed multiple offenders.

The Court of Appeal ruled that police were able to issue consorting warning notices which contained multiple names to alleged bikies.

While the legal matter was being sorted a number of court cases for consorting across the state were halted until the decision.

They are expected to go ahead now the High Court has declined to hear the appeal.

Police started issuing warning notices again after the Court of Appeal decision.

They now have pre-printed forms, similar to a ticket book. Officers fill in the blank and provide it to offenders and retain the carbon copy.

Last week Mr Barbaro was charged with consorting after he was allegedly photographed with convicted criminals at a private gym on Anzac Day.