South Australia upper house Liberal politician Andrew McLachlan crosses floor over ‘oppressive’ bikie laws

A LIBERAL MP has crossed the floor to reject “oppressive” outlaw bikie laws.

Liberal MP Andrew McLachlan during question time South Australia’s Upper House Adelaide, Tuesday, October 31, 2017. AAP Image/David Mariuz.

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A LIBERAL backbencher has crossed the floor to reject “oppressive” legislation that would make it easier to prosecute members of 10 outlaw bikie gangs.

Liberal MLC Andrew McLachlan crossed the floor to vote against his own party as Attorney-General John Rau’s push to strengthen the Government’s controversial anti-bikie laws passed the Upper House yesterday.

The Bill was ultimately supported by both major parties, the Australian Conservatives and Independent John Darley.

The changes to the criminal organisation laws are intended to close a legal loophole that had led to the collapse of two bikie association cases.

Currently, bikies can argue their gang is not a criminal organisation despite them being declared by Parliament as such, requiring prosecutors to prove otherwise.

A former military lawyer, Mr McLachlan was joined by Dignity Party MLC Kelly Vincent and two Greens MLCs in opposing the Bill.

Mr McLachlan told Parliament the amendment “insidiously seeks to make the law even more oppressive”.

“In a democracy that values the rule of law — it is for the courts to decide guilt upon the prosecution proving their case beyond reasonable doubt,” he said.

“It is not acceptable for the Government to simply say it is having some difficulties making the case against certain individuals so it will change the law to make it easier to launch prosecutions.”

Mr McLachlan crossed the floor in 2015 to vote against the original bikie laws.

Mr Rau said the Government believed the prosecution “should not have to prove the criminal purpose of an organisation that has already been declared by the Parliament to be a criminal organisation”.

“All we are saying is: let the Parliament’s determination stand, and these people can be a member of that group or not. We do not care; it is up to them,” Mr Rau told Parliament in July.

“But if they choose to be a member, they should not come to the court later on and say, ‘Oh I’m a member, but I thought all they did was make toys for kids’ — because that is where it is heading.”

Law Society President Tony Rossi said the Bill “violates the principle that the defendant has the right to be heard in relation to such important matters before a decision is made”.

“The existing law already causes serious concern in relation to the ability of government to interfere in the judicial process,” Mr Rossi said.

“The amendments would further erode basic legal rights and gives the government more control over who is labelled a criminal, denying courts the ability to properly assess the merits of the government’s decisions.”

The Advertiser revealed last month that Mr Rau had tangled with the Law Society over the laws, disparagingly comparing the body to tradies.

Originally published as South Australia upper house Liberal politician Andrew McLachlan crosses floor over ‘oppressive’ bikie laws