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Police hail WA’s anti-bikie laws for turning younger recruits away from gang life

By Hamish Hastie

March 20, 2024 — 2.00am

Police say anti-consorting and insignia laws are turning young West Australians off the bikie life and damaging outlaw motorcycle gang recruitment.

Police trumpeted the success of the “anti-bikie” laws after the release of the WA Ombudsman’s first report into their administration over the first 12 months of operation.

WA Police have trumpeted the success of anti-bikie laws.Credit: WAtoday

But they have not convinced one of the state’s most high-profile criminal lawyers.

The report found four defiant bikies were responsible for one-quarter of all police charges for displaying banned club insignia in the first year the laws came into effect.

Of the 113 charges laid from December 24, 2021 to December 23, 2022, 10 related to one bikie, while three others were charged seven, six and five times, respectively.

The Ombudsman gave his tick of approval to WA Police and found police had also issued 217 dispersal notices, three unlawful consorting notices and two insignia removal notices.

Dispersal notices operate effectively like move-on notices for bikies but can be – and have been – issued en masse to known gang members at events like funerals to break up large gatherings.

Consorting notices are more targeted at individuals from associating with each other.

Senior Mongols bikie Troy Mercanti was the first person in WA to be slapped with an anti-consorting order under the laws, which banned him from socialising with 31 named people.

A person can be jailed for up to 12 months and fined $12,000 for consorting contrary to a notice or displaying gang insignia in a public place, including gang tattoos and patches.

When then-WA premier Mark McGowan first announced the laws, he said they would significantly disrupt bikie gang operations by stopping their ability to communicate with each other.

A WA Police spokesman said the laws were doing exactly as intended by eroding the appeal of outlaw motorcycle gangs for younger aspirants.

“One of the biggest ‘appeals’ for young men joining a club is to be seen in large groups in public with other [gang] members,” he said.

“This provides them the ability to intimidate in large numbers. This appeal is now gone so this will impact on future [gang] recruiting.

“Much of the OMCG’s illicit activities also involves threats or actual acts of violence, the legislation has provided police the power to ensure they can no longer display their ‘colours’ in public and behave in an intimidating manner towards members of the community.”

The spokesman said police were finding the public was becoming more confident to report bikies.

“Police are now finding that the public is more confident in providing police with ‘real-time’ information regarding any OMCG members attempting to display their insignia within the community, allowing gang crime squad officers to take more immediate action against them,” he said.

Despite a few high-profile headlines, including heavily tattooed ex-bikie Dayne Brajkovich successfully fighting banned insignia charges, about 75 per cent of cases brought before the courts are found guilty.

More recent Department of Justice figures reveal that by October 2023, 91 people had received 180 separate charges for displaying gang insignia.

“A substantial amount of police resources were again utilised to prevent people enjoying themselves on a bush block in the middle of nowhere.”
Paul Holmes

Of these charges, 134 guilty convictions have been recorded.

But prominent Perth criminal lawyer Paul Holmes – who has represented high-profile clients, including Mercanti, against these charges – did not believe the laws had negatively influenced recruitment of new members.

He said dispersal notices only prevented bikies from consorting in public and were little more than an annoyance.

“It doesn’t prevent the person that are subject to those dispersal notices to head directly to a private residence and spend time there,” he said.

“Members of outlaw motorcycle gangs that I’ve spoken to report the legislation as somewhat of an annoyance, but are adapting their social activities, accordingly.”

And Holmes said the unintended consequences of the legislation were abusive powers occasioned by it, citing an example of Mercanti being issued a dispersal notice while waiting for a lawyer outside the District Court.

“The significant amount of resources that was used to move Mr Mercanti on is demonstrative of the legislation being used for an improper purpose,” Holmes said.

Holmes also cited a police operation at the Gypsy Joker-organised Westdale Dirt Drags last year.

“The Gypsy Jokers’ drags was heavily policed by issuing dispersal notices at the front gate,” he said.

“A substantial amount of police resources were again utilised to prevent people enjoying themselves on a bush block in the middle of nowhere.

“Those resources are best spent elsewhere.

“There has been a number of successful challenges to the legislation in the Magistrates Court, resulting in a substantial amount being awarded to the successful applicants.”