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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-02-03 Daily Xml
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Ministerial Statement

FINKS MOTORCYCLE CLUB

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (16:01): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.J. ATKINSON: On 16 December, I received an application from the South Australian Police Commissioner to declare the Finks Motorcycle Club under the newly created Serious and Organised Crime (Control) Act 2008. This is the first application I have been asked to consider under part 2 of the legislation.

The application is supported by a statutory declaration that outlines the evidential material that police rely upon in making the application. In particular, the statutory declaration sets out the background to the Finks Motorcycle Club operating in South Australia, membership of the organisation, its connections with interstate branches or chapters, rivalry between the organisation and other motorcycle gangs, and associations with other groups. It lists members of the organisation and the criminal convictions of 42 current members and six former members. In addition, it includes details of the involvement of those members and former members in serious criminal activity as defined in the act.

In the statutory declaration, SAPOL provides information about the structure of the Finks, the origins of its name, its rules and indicia of membership often worn by members participating in club activities. The police also include a wide range of offences and convictions that they allege were committed by people named in the application as members or ex-members of the Finks. The statutory declaration relied on by the Commissioner includes information about offences of violence, including common assault, assault police, assault occasioning actual bodily harm, endangering life, malicious wounding, wounding with intent to cause grievous bodily harm, robbery with violence, false imprisonment and rape. SAPOL alleges that, between 1967 and 2008, members of the Finks were convicted or found guilty of 167 offences of violence. Of these, 38 occurred after the offender was known by SAPOL to have become a member of the organisation.

Police claim that, between 1970 and 2008, members of the Finks were found guilty or convicted of 149 offences against public order, which includes disorderly behaviour, offensive language, and entering a licensed premises after being removed. The Commissioner also relies on 268 property offences, albeit that some were committed before the Finks were formed in 1969, including trespass, breaking and entering, burglary and damaged property. The statutory declaration states 15 occurred after the offender was known by SAPOL to have become a member of the Finks. Of the 268 property offences, 186 fall within the definition of serious criminal activity, and four of those were committed after the offender was known by SAPOL to have become a member of the Finks.

The Commissioner also relies on 215 drug offences, including possession, manufacture, sale and supply of drugs, including cannabis, cocaine, amphetamines, ecstasy, methylamphetamine, steroids and heroin. The statutory declaration states that 113 of those offences occurred after the offender was claimed by SAPOL to have become a member of the Finks. The statutory declaration also includes claims of firearm and weapons offences, such as possession of firearms without a licence, carrying a loaded firearm, possessing a silencer and discharging a weapon to cause injury or damage. SAPOL claim that 136 convictions or findings of guilt were recorded against members of the Finks and, of these, 63 were committed after the offender was claimed by SAPOL to have become a member of the Finks.

In addition to the offending that has been found proved by the courts, the statutory declaration supporting the application before me asserts that members of the organisation have also engaged in serious criminal activity where the matter has not proceeded to prosecution. In many of these cases, the matter has not proceeded owing to the fear of victims and witnesses of retribution by members of the organisation if they were to cooperate with police or give evidence in court. Lastly, SAPOL reports in the application that there have been shootings where members of the organisation have been alleged to have been involved but the victims have declined to cooperate in any subsequent police investigation.

As required by the act, I published a notice in the Government Gazette and statewide newspapers in December inviting the public to make submissions about the application for a declaration of the Finks Motorcycle Club. All submissions were to be in writing and to be sent to GPO Box 2852, Adelaide, South Australia 5001, by 5pm on Wednesday 28 January 2009. As this application from the Police Commissioner is the first under the new law, I provided the public longer than the legislative requirement of 28 days, to account for public holidays and the Christmas period. I am satisfied that, to date, the process as set out in the Serious and Organised Crime (Control) Act 2008 has been followed faithfully.

In addition, late last month I wrote to people who have been identified as members or ex-members of the Finks Motorcycle Club in the statutory declaration providing a further opportunity to make submissions about the application. I did so in accordance with the principles of procedural fairness required by common law. In my letter, I advised the members and ex-members that their solicitor can attend my office and read the statutory declaration redacted to omit criminal intelligence and material withheld on the basis of public interest immunity.

I also asked that any submission be sent by close of business on Friday 6 February 2009 and that I be notified by Thursday 29 January 2009 if they intended to make a submission. Twenty persons named in the application by the Police Commissioner have indicated their intention to make submissions, and their solicitors have inspected the statutory declaration. To date, I have received written submissions from 14 individuals.

Once the consultation period for members and ex-members has expired, I will have regard to SAPOL's statutory declaration, all the submissions I have received and the other matters specified in the act before I make a decision. I may need some time to consider them and seek further legal advice. I will make a decision as soon as I am in a position to do so. Declaration of the Finks is not a foregone conclusion. I must be satisfied that a case has been made out for an organisation to be declared under the act. I may make a declaration only if I am satisfied that members of the organisation associate for the purpose of organising, planning, facilitating supporting or engaging in serious criminal activity and that the organisation represents a risk to public safety and order in this state.

If I make a declaration, I must, as soon as practicable, publish notice of the declaration in the Government Gazette and in a newspaper circulating throughout the state. Honourable members and the South Australian public can be assured that I will be examining the Police Commissioner's application most carefully and am mindful that I may declare the Finks only if I am satisfied that the stringent requirements of the act have been met.

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