Rebels boss Colin Websdale overturns new guns ban

Former Rebels boss Colin Websdale has become the first person to successfully overturn a Firearms Prohibition Order, possibly paving the way for others to launch their appeals and sparking fears that the strict new laws could become obsolete.

Tough new gun laws could become obsolete after one of Victoria’s top bikies overturned his firearms ban.

Former Rebels boss Colin Websdale has become the first person to succeed in overturning a Firearms Prohibition Order, possibly paving the way for others served with the ­orders to launch their appeals.

PUSH TO TIGHTEN GUN CONTROLS

FIVE FATAL SHOOTINGS SHOCK MELBOURNE

Police had been preparing to ramp up their use of the ­orders after a spate of deadly shootings across Melbourne.

The laws, introduced last year to tackle gun-related violence, give police sweeping powers to conduct warrantless searches at a home, workplace, or a clubhouse of a person who has been served with an order.

Senior Rebels bikie Colin Websdale leaves VCAT. Picture: Ian Currie

It also prevents the recipient from possessing firearms or entering any premises where guns are kept.

A penalty of up to 10 years’ jail applies to breaches.

In a judgment yesterday, the Victorian Civil and Administrative Tribunal found that while Websdale’s association with the Rebels did pose a risk to public safety, that risk was not connected to his ability to acquire or possess firearms.

Judge Felicity Hampel said the order would not prevent him from “directing or sanctioning the acquisition” of firearms by other gang members.

“A person with the power and authority of (Websdale) in the Rebels is able and likely to distance himself from any direct involvement in any criminal activity,” she said.

“The evidence does not establish that the risk to public safety … would be abated by prohibiting him from acquiring or possessing … a firearm,” Judge Hampel said.

Colin Websdale is a lifelong member of the Rebels.

The lifelong Rebels member had argued during a two-day hearing that he was a “law-abiding citizen” who was “too busy working hard” to hang out with his bikie mates, and had not been convicted of an offence since 2012.

But police argued the former club state president was still a powerful member of the outlaw gang and still posed a considerable risk to the public.

Victoria Police said last night: “We are reviewing the decision and we will further consider our position.

Police Minister Lisa Neville.

“Firearm Prohibition Orders have been made against outlaw motorcycle gang members, organised crime gang members, counter-terrorism persons of interest and individuals who have a history of recidivist firearm offending.

“There is a rigorous process applied to the issuing of orders, and they are not issued lightly. (They) assist us in having a greater capacity to detect and disrupt criminals who seek to bring harm to the community.”

FAR-RIGHT MEMBERS SLAPPED WITH PROHIBITION ORDERS

Police Minister Lisa Neville said the state government would continue to back Victoria Police and do everything possible to crack down on illegal firearms and the serious and organised crime networks who use them.

“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,” Ms Neville said.

Opposition police spokesman David Southwick said Victorians should be rightly concerned that the government’s new anti-gun laws had “failed at the first hurdle”.

The Opposition had previously pushed for any review or appeal of FPOs to be heard in the Magistrates’ Court rather than VCAT, given that they were dealing with serious criminal matters.

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