A TRIO who risked a mandatory six-month jail term after they were caught drinking at a Queensland pub wearing “Life & Death” bikie cuts have escaped court with fines after the anti-association charge against them was dropped.
Library assistant Sally Louise Kuether, 40, her partner and patched member of the Life and Death Motor Cycle Club Phillip “Crow” Frederick Palmer, 57, and associate Ronald Anton Germain, 50, were arrested and jailed on remand for up to two weeks after they were charged with knowingly participating in a criminal gang in public and for remaining in a licensed premises while wearing a prohibited item.
But police prosecutor Sgt Martin Longhurst on Wednesday dropped the anti-association charge against the trio in the Brisbane Magistrates Court, adding there was no evidence.
The trio pleaded guilty to the offence against the Liquor Act.
Magistrate John McGrath fined Ms Kuether $150 and did not record a conviction.
Mr Germain, who also pleaded guilty to possession of a flick knife, was fined $300 and no conviction was recorded.
Palmer, who pleaded to possessing and producing for two plants of cannabis, possession of a drug utensil and for keeping a carpet python without a licence, was fined $500 and a conviction was recorded.
Outside court, Ms Kuether’s lawyer Andrew Anderson said she was happy with the outcome.
“She’s very thankful that the court proceedings are behind her and she’s looking forward to moving on with her life and her family,” he said.
Mr Germain said justice had been done.
“I’ve only ever belonged to a bike club, not a criminal organisation, and our club members are not criminal organisation (members) and I hope this sets a precedent for other bikers in the same trouble as we were,” he said.
“It caused a lot of stress and I’m just happy for it to be over. It’s cost a lot of money but it’s well worth it.”
Mr Germain urged for the anti-bikie laws to be reviewed.
“They need to review all the bike clubs that they have on their list because a lot of the bike clubs, and I can’t name them, are not criminal organisations and ours was one of them. I don’t know how they arrived at the fact that we were a criminal organisation. We all work. We used to go for rides ... [we’re] not a criminal gang. There are others out there as well,” he said.
Lawyer Debbie Kilroy read a statement on behalf of her client, Palmer.
“I am relieved and I did not set out to break the law on the 19th of December, 2013,” he said.
“As citizens of Queensland we should be able to go out in public with friends and family without fear of arrest by police and mandatory prison terms. We call on the ALP and the now Attorney-General Y’Vette D’Ath to repeal these draconian laws, known as “bikie laws”, as a matter of urgency.”
The trio were arrested by police on January 24, 2014 and held in custody at the Pine Rivers Watch House for six days before their release on bail. Palmer was held for two weeks before his bail application could be heard.
They were charged after they visited the Dayboro Hotel together at 10.50am on December 19, 2013.
Ms Kuether had worn a leather patch with the words “Life and Death” and “Property of Crow” emblazoned on it.
Both Mr Germain and Palmer had been wearing similar cuts and colours.
Under the Newman Government’s Vicious Lawless Association Disestablishment Act, the motorcycle club was declared as a criminal organisation.
In court, Sgt Longhurst said it was against the law for a person to wear a prohibited item in a licensed premises, such as the Dayboro Hotel.
“These criminal gangs, they do operate somewhat insidiously and one of the mechanisms is the intimidation factor and the aggravation factor of wearing these things in public,” he said.
He said the maximum fine was just over $37,500.
Barrister James Godbolt, for Mr Germain, said his client had spent 25 years in the Australian Army and had served in peacekeeping roles overseas.
He said Mr Germain had only once run foul of the law previously, in 1986 for drink driving.
Mr Godbolt said his client worked in Queensland Corrective Services for 15 years before his retirement due to diagnosed Post-Traumatic Stress Disorder and depression associated with his time in the Army.
He said a flick knife found by police at Mr Germain’s Samford home was one he bought overseas and was not for any “nefarious or sinister” purpose.
Barrister Angus Edwards, for Ms Kuether, said his client worked as a council library assistant and was a single mum with three children aged 18, 14 and 12.
He said his client was diagnosed with multiple sclerosis 18 years ago but the stress of the upcoming court case had caused some relapses.
Mr Edwards said Ms Kuether had never been before a court before and had won awards for her service to the community in the 2011 floods.
He said Ms Kuether was unaware she was committing an offence when she went to the pub.
Barrister Andrew Hoare, for Palmer, said his client did not set out to break the law.
He said his client’s motorbike was seized when he was arrested and he was a disability pensioner who underwent treatment for diagnosed mental health problems.
He said Palmer regretted deeply that his actions lead to Ms Kuether, his partner, getting into trouble.
Mr Hoare said Palmer was a grandfather who had committed minor drug offences and failed to comply with his obligations to become a licensed snake handler. He said the other offences were only unearthed when police searched his home.
http://www.couriermail.com.au/news/queensland/charges-dropped-over-bikie-pub-meeting/story-fnihsrf2-1227295357262
Library assistant Sally Louise Kuether, 40, her partner and patched member of the Life and Death Motor Cycle Club Phillip “Crow” Frederick Palmer, 57, and associate Ronald Anton Germain, 50, were arrested and jailed on remand for up to two weeks after they were charged with knowingly participating in a criminal gang in public and for remaining in a licensed premises while wearing a prohibited item.
But police prosecutor Sgt Martin Longhurst on Wednesday dropped the anti-association charge against the trio in the Brisbane Magistrates Court, adding there was no evidence.
The trio pleaded guilty to the offence against the Liquor Act.
Magistrate John McGrath fined Ms Kuether $150 and did not record a conviction.
Mr Germain, who also pleaded guilty to possession of a flick knife, was fined $300 and no conviction was recorded.
Palmer, who pleaded to possessing and producing for two plants of cannabis, possession of a drug utensil and for keeping a carpet python without a licence, was fined $500 and a conviction was recorded.
Outside court, Ms Kuether’s lawyer Andrew Anderson said she was happy with the outcome.
“She’s very thankful that the court proceedings are behind her and she’s looking forward to moving on with her life and her family,” he said.
Mr Germain said justice had been done.
“I’ve only ever belonged to a bike club, not a criminal organisation, and our club members are not criminal organisation (members) and I hope this sets a precedent for other bikers in the same trouble as we were,” he said.
“It caused a lot of stress and I’m just happy for it to be over. It’s cost a lot of money but it’s well worth it.”
Mr Germain urged for the anti-bikie laws to be reviewed.
“They need to review all the bike clubs that they have on their list because a lot of the bike clubs, and I can’t name them, are not criminal organisations and ours was one of them. I don’t know how they arrived at the fact that we were a criminal organisation. We all work. We used to go for rides ... [we’re] not a criminal gang. There are others out there as well,” he said.
Lawyer Debbie Kilroy read a statement on behalf of her client, Palmer.
“I am relieved and I did not set out to break the law on the 19th of December, 2013,” he said.
“As citizens of Queensland we should be able to go out in public with friends and family without fear of arrest by police and mandatory prison terms. We call on the ALP and the now Attorney-General Y’Vette D’Ath to repeal these draconian laws, known as “bikie laws”, as a matter of urgency.”
The trio were arrested by police on January 24, 2014 and held in custody at the Pine Rivers Watch House for six days before their release on bail. Palmer was held for two weeks before his bail application could be heard.
They were charged after they visited the Dayboro Hotel together at 10.50am on December 19, 2013.
Ms Kuether had worn a leather patch with the words “Life and Death” and “Property of Crow” emblazoned on it.
Both Mr Germain and Palmer had been wearing similar cuts and colours.
Under the Newman Government’s Vicious Lawless Association Disestablishment Act, the motorcycle club was declared as a criminal organisation.
In court, Sgt Longhurst said it was against the law for a person to wear a prohibited item in a licensed premises, such as the Dayboro Hotel.
“These criminal gangs, they do operate somewhat insidiously and one of the mechanisms is the intimidation factor and the aggravation factor of wearing these things in public,” he said.
He said the maximum fine was just over $37,500.
Barrister James Godbolt, for Mr Germain, said his client had spent 25 years in the Australian Army and had served in peacekeeping roles overseas.
He said Mr Germain had only once run foul of the law previously, in 1986 for drink driving.
Mr Godbolt said his client worked in Queensland Corrective Services for 15 years before his retirement due to diagnosed Post-Traumatic Stress Disorder and depression associated with his time in the Army.
He said a flick knife found by police at Mr Germain’s Samford home was one he bought overseas and was not for any “nefarious or sinister” purpose.
Barrister Angus Edwards, for Ms Kuether, said his client worked as a council library assistant and was a single mum with three children aged 18, 14 and 12.
He said his client was diagnosed with multiple sclerosis 18 years ago but the stress of the upcoming court case had caused some relapses.
Mr Edwards said Ms Kuether had never been before a court before and had won awards for her service to the community in the 2011 floods.
He said Ms Kuether was unaware she was committing an offence when she went to the pub.
Barrister Andrew Hoare, for Palmer, said his client did not set out to break the law.
He said his client’s motorbike was seized when he was arrested and he was a disability pensioner who underwent treatment for diagnosed mental health problems.
He said Palmer regretted deeply that his actions lead to Ms Kuether, his partner, getting into trouble.
Mr Hoare said Palmer was a grandfather who had committed minor drug offences and failed to comply with his obligations to become a licensed snake handler. He said the other offences were only unearthed when police searched his home.
http://www.couriermail.com.au/news/queensland/charges-dropped-over-bikie-pub-meeting/story-fnihsrf2-1227295357262