A MAGISTRATE has refused to impose control orders on two Finks members - the first stumbling block for the Rann Government's controversial anti-bikie laws.
Magistrate Koula Kossiavelos this afternoon ruled it would be "impertinent, improper and duplicitous" for her to impose the orders - or hear any further argument on the matter - when the laws' constitutionality is being questioned in the Supreme Court.
Finks member Donald "Duck" Hudson this month launched action in that court, claiming the Serious and Organised Crime Control Act (2008) was unconstitutional and interfered with the powers of a court.
He jointly filed his case with fellow member Sandro Peter Totani - one of the two men police today sought a control order against.
Today Craig Caldicott, for the Finks, asked the control order applications be adjourned until after Hudson's appeal had been heard.
He said that hearing was likely to occur in late July or August.
Briony Kennewell, for SA Police, argued the Act did not allow for adjournments if her clients could prove a defendant was a Finks member.
She said a delay would put police "at a disadvantage" because the evidence gathered against Totani and his fellow member would "go stale".
Ms Kossiavelos, however, said the Magistrates Court had an "inherent power" to stay cases that were the subject of appeals in higher courts.
"You are asking this court to ignore the proceedings in a superior court and continue making control orders, even though there is a possibility (Hudson's) action will be successful," she said.
"I can assure you Magistrates do have the power to stay matters when a superior court is considering the same subject matter as this lower court.
"It would be impertinent and improper, and also duplicitous of the argument that is being heard in the superior court, to do otherwise."
She adjourned both applications for control orders until July 31
http://www.news.com.au/adelaidenow/story/0,22606,25611307-5006301,00.html
Just read this on the website........BEST NEWS I"VE HEARD ALL DAY.
common sense at last...and it won't stop there, if the ruling in supreme court goes against them they can challenge it in the high court...now that is where the fun starts...still you need to take one small step to start a journey...
no doubt that no matter what the decsiion in Supreme , the losing side will appeal .. and in meantime it may mean a cessation in applications ????
Tax Payers Money Going To Waist
Ya gotta larf dontcha...??? Hey Bucket... How the hell did you get a hold of Rann's avatar... he he...
bloody good news that
