Police in legal fight to stop bikies having guns

Victoria Police is mounting a last-ditch legal bid to ban thousands of bikie gang members and crime figures from owning guns. It comes after a senior bikie club figure won an appeal against being placed on a firearms prohibition order.

A bid to ban thousands of bikie gang members, suspected terrorists and organised crime figures from having guns is set for a make or break legal hearing.

Victoria Police will mount the high-stakes appeal after senior Rebels motorcycle club figure Colin “Snake” Websdale had a decision to place him on a Firearms Prohibition Order overturned by the Victorian Civil and Administrative Tribunal.

The move caused ­high-level concern in the force and state government, who view the matter as a test case.

It is feared the decision could set a precedent and pave the way for other criminals given an FPO to also overturn the ban, including notorious bikie and recent Mongol gang member recruit Toby Mitchell.

Finks national president Koshan Radford has a hearing to overturn his gun ban in October.

Rebels Sergeant-At-Arms Matthew Bruce, also served a FPO, is also closely monitoring the Victoria Police appeal.

Senior Rebels motorcycle club figure Colin “Snake” Websdale had a Firearms Prohibition Order overturned by VCAT.

It is believed notorious bikie and recent Mongol gang member recruit Toby Mitchell may also try to overturn the ban.

Other prime candidates for the FPOs include Comanchero strongman Hasan Topal, Finks Victorian bikie boss Brent Reker and feared Mongols member Mohammad Akbar Keshtiar.

Police had said they planned to issue more than 2000 of the orders against bikie gang members, suspected terrorist and organised crime figures.

However, the issuing of the orders ground to a halt, with not one issued after the Websdale case was lost.

More than 184 FPOs have been approved and 165 of them have been served on high-risk people since they were introduced last year.

Among them are Middle-Eastern organised crime figures linked to drive-by shootings and other firearms offending, outlaw motorcycle gang members, terror suspects and others connected to African-Australian gang crime.

Radford, Mitchell and another man have appeals afoot, while police have agreed to withdraw a gun ban against one man.

The Websdale decision came during deep concern about the level of shootings in Melbourne, including the March murder outside a Kensington boxing tournament, the Love Machine nightclub drive-by double fatality in April and the May contract killing of crime figure Daniel O’Shea at Fawkner Park.

Victorian bikie boss Brent Reker may be a prime candidate for an FPO.

There has also been a wave of recent non-fatal incidents, two of which were captured on the CCTV of a Reservoir home where a gunman fired shots this month.

Chief Commissioner ­Graham Ashton told a parliamentary inquiry the force would appeal the ­Websdale loss.

The Police Association supports the use of FPOs, which it says targets people deemed to hold an extreme risk to public safety because of their past criminal acts.

“This gives police a further opportunity to disrupt violent crime before it happens and serves as a deterrent to criminals who have access to, or are seeking access to firearms,” association secretary Wayne Gatt said.

Mr Gatt said the process of preparing and implementing the orders, then monitoring their subject, was a major drain on police.

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“The demand for FPOs is exceeding the current staffing levels, which need to be increased in order to keep up,” he said.

Opposition police spokesman David Southwick said the government had botched Firearms Prohibition Order legislation.

“Once again Daniel Andrews half-baked laws have has left Victoria Police without the powers to take guns off our streets and keep the community safe.”

Police minister Lisa Neville said the government would do what it could to get illegal firearms off the street.

“The intent of parliament and the new laws is clear – to disrupt and break up the criminals and associates of organised crime who use illegal guns.”

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Originally published as Police in legal fight to stop bikies having guns