POLICE and the NSW Crime Commission have prepared briefs for the Supreme Court to ban at least two outlaw motorcycle gangs, but the government and Police Commissioner Andrew Scipione have decided not to move on them, despite passing tough anti-bikie laws last March.
Police have prepared briefs on why the Hells Angels should be banned, and also on other gangs such as the Comancheros, as the shooting epidemic in western Sydney spirals out of control.
But Attorney-General Greg Smith and Mr Scipione do not want to move on the gangs until the outcome of a legal challenge by the Gold Coast chapter of another gang, the Finks, which has mounted a challenge in the High Court over similar laws in Queensland.
Mr Smith is concerned the case could undermine any attempt by him to ban the gangs.
He said yesterday a letter from Mr Scipione to Premier Barry O’Farrell in November had backed this cautionary approach and said it was up to the commissioner to decide when the government should move.
Mr Smith moved amendments to the bikie laws on the last sitting day of November in a bid to allow the laws to act across jurisdictions.
“The government will not progress this bill through the house until the High Court has handed down its decision. If any aspect of the Queensland legislation is found to be invalid, the government will review all provisions,” he told parliament.
Opposition Leader John Robertson yesterday called on the government to get cracking.
“People in southwest and western Sydney are fearing for their lives,” Mr Robertson said.
“If these shootings were happening in Ku-ring-gai you can bet the Premier would be announcing taskforces, crackdowns, cash rewards and declaring criminal gangs outlawed.”
A spokeswoman for the Attorney-General said: “An application for a group to be declared a criminal organisation has to be lodged with the Supreme Court by the Police Commissioner. There is currently a challenge to Queensland’s legislation in the High Court.
“At the request of the Police Commissioner, the government will await the outcome of this challenge before progressing the bill in the NSW parliament.”