Queensland police warn of crime increase if anti-bikie laws repealed

Updated

The head of one of Queensland's anti-bikie taskforces is warning that criminal motorcycle gangs may be back in business if the state's tough new laws against bikies are overturned.

In response to a series of highly public acts of bikie violence, the Newman Government last year brought in the Vicious Lawless Association Disestablishment (VLAD) law, as well as the anti-association law which criminalises the gathering of three of more bikies in public.

The ABC's 7.30 program has been given exclusive access to police anti-bikie operations, including raids, arrests, and taskforce briefings.

The program has also conducted interviews with Queensland's top three anti-bikie officers, who are leading the charge against violent gangs such as the Bandidos, the Mongols, Hells Angels and the Rebels.

"They are involved in drug trafficking, there are involved in extortion," said Detective Superintendent Mick Niland, the head of Taskforce Maxima.

"They are involved in top level murders, torture, kidnapping, down to the most minor of offences."

7.30 joined a raid against one of the most organised and violent gangs of them all, the Hells Angels.

For Detective Superintendent Niland, it is a "classic case" involving one of the bikies' bread and butter crimes – extortion.

"What we are intending to do is execute two search warrants for three members of the Hells Angels crime gang," he told 7.30.

"We've had a victim come forward in relation to an outstanding drug debt, not owed by him, but by another person. Our victim has been bashed, had his car stolen.

"There have been threats, intimidation also by the Hells Angels gang to pay this debt off."

After a pre-dawn briefing, the officers of Taskforce Maxima arrive at an apartment inside a Gold Coast high-rise. Within seconds they crash through the door, surprising a heavily-tattooed man inside on the couch.

The man on the couch thrusts his hands in their air and hauls himself off the couch. Across the room another man is face down on the floor.

"Hands behind your back. Behind your back," police shout at the man, his tattooed arms now behind his back, pinned together by handcuffs.

VLAD laws give bikies a 'choice'

"Since the commencement of [Taskforce] Maxima we've laid 42 charges of extortion which is double the amount of arrests for the year for the Queensland Police Service," Detective Superintendent Niland said.

Under the new VLAD law, if these two Hells Angels members are convicted of the charges of extortion, assault, and supplying dangerous drugs, they will face 15 years in jail on top of their other sentence.

Sorry, this video has expired Video: Watch footage of a police raid searching for members of the Hells Angels (ABC News)

If they are shown to be Hell Angels office holders, it will mean an extra 25 years inside.

"The VLAD legislation is really a sentencing regime," said Queensland Deputy Police Commissioner Brett Pointing, who oversees the anti-bikies taskforces Maxima and Takeback.

But as he points out, there is a possible get-out-of-jail card.

"The legislation gives people a choice," Deputy Commissioner Pointing said.

And for the bikies, that choice is simple – rat on their gang bosses or face the full force of VLAD.

"For people who are charged as a vicious lawless associate there'll be greater motivation to inform on the upper hierarchy of the gang," Deputy Commissioner Pointing said.

Police given 'very great and unprecedented power'

Critics say these laws give the police too much power.

"That is a very big stick to wield," said Peter Callaghan SC, of Queensland's Law and Justice Institute.

"The problem is the police and the executive have been given a very great and unprecedented power, as having these laws can be something they can use as a threat."

Mr Callaghan also warns that the VLAD law could be used on other sections of the community, not just bikies.

We hope the legislation remains. [The bikies] may be back if the legislation were to be repealed. Detective Superintendent Mick Niland

"Say there was a group of teenagers sharing a joint. That would be an association. They would have a common purpose, that is sharing a cigarette of marijuana, and the offence they were committing – supplying or possessing a dangerous drug – would be an offence which triggered, potentially, the operation of the VLAD.

However, Deputy Commissioner Pointing says "those types of scenarios are really quite alarmist and are not covered by the law".

Critics of the laws want the High Court to hear a challenge against them, arguing they infringe on the right to free speech, breach Australia's obligations under various treaties, and undermine the constitutionally protected independence of Queensland's courts.

Police counter that the laws are vital to fighting organised crime.

"This legislation has made a world of difference to investigating crime gangs," Detective Superintendent Niland said.

"We hope the legislation remains. [The bikies] may be back if the legislation were to be repealed."

Do you know more on this story? Email investigations@abc.net.au

Topics: laws, law-crime-and-justice, prisons-and-punishment, state-parliament, police, crime, qld

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