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Court in the act: WA’s top bikie lawyer Michael Tudori slams expense of bringing insignia charges

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Tim ClarkeThe West Australian
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Court in the Act, featuring Tim Clarke.
Camera IconCourt in the Act, featuring Tim Clarke. Credit: The West Australian

One of WA‘s most experienced bikie lawyers has labelled the cost of marching dozens of OMCG members into court over tattoos, patches and jewellery as “insane”.

Michael Tudori is one of the busiest barristers in Perth, thanks in part to the number of OMCG members on his books.

Some of his clients have included slain Rebels boss Nick Martin, his wife Amanda, and fellow Rebels Karl Labrook and Joseph Raimondi.

And Mr Tudori’s already packed diary has been filled to the brim in recent years, following the passing of the “Unlawful Consorting and Prohibited Insignia Bill” in late 2021.

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That law gave WA Police the power to arrest anyone displaying bikie insignia in public, such as patches, shirts and even tattoos. And it also brought into existence the anti-consorting notices – which allowed authorities to ban one named bikie from socializing with another.

Since then, dozens have been charged and convicted of the insignia laws.

But appearing on The West’s Court in the Act podcast, Mr Tudori said while the convictions may have been racking up, so has the cost to the WA public.

“By prohibiting bikies from displaying the tattoo, it doesn’t achieve a single thing,” Mr Tudori said.

“The cost of bringing a prosecution against a person — it cost the taxpayers a lot of money. There must be statistics on it.

“To charge someone with … running into Bunnings … and forgets to cover up his tattoo or wearing a club t-shirt, silently pays his money and leaves.

Lawyer Michael Tudori leaves Perth Magistrates Court on Thursday morning.
Camera IconLawyer Michael Tudori. Credit: Kelsey Reid/The West Australian

“Later on the police go and check the CCTV site — charge that person. The cost of that is insane.

“Let’s just say that that member decides to challenge it. If he gets convicted. We’ve run a whole case — tied up court time, magistrates, witnesses — to get a $500 or $600 fine.

“I don’t see the value in that. And if that member gets acquitted, the costs that he or she receives back — can be $10,000 or $15,000.

“Is there value in money for the taxpayer? Because it’s not achieving what the government wants to achieve. And it never will.”

After notorious former Hells Angels bikie Dayne Brajkovich was acquitted after a magistrates trial of displaying tattoos at a shopping centre, he was awarded $4000 in costs.

And in another recent decision, Comanchero Nathan Greenway won an appeal at the state’s highest court, after they ruled that a ring he was wearing — spotted by police and sporting the gang insignia — was not legally “on display”.

“I am not satisfied ... her Honour found Mr Greenway wore the ring in a manner that the insignia on it would be visible to another person in the Raffles Hotel within the meaning of the Act,” he said.

“I think that the preferred interpretation (of the law) ... is that the insignia is made visible in a manner that attracts attention to it in a public place.”

Mr Tudori estimated that appeal exercise may have cost the taxpayer more than $50,000. Mr Greenway was originally fined $1,500.

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