Outlaw Motorcycle Gangs in Australia (HSC SSCE Legal Studies): Revision Notes

Outlaw Motorcycle Gangs in Australia

Introduction to OMCGs

Outlaw motorcycle gangs (OMCGs) are organisations whose members use the structure of a motorcycle club as a front for criminal activity. These groups have been involved in numerous incidents across Australia that have drawn significant media attention, sparked law enforcement action, and prompted legislative responses.

The activities of OMCGs pose a serious threat to public safety and community wellbeing. Members of these organisations have been implicated in violent crimes, drug manufacture and distribution, and other serious criminal enterprises. The visibility of these crimes has made OMCGs a major focus of law enforcement agencies and policymakers throughout Australia.

The Anthony Zervas case

A landmark incident occurred in March 2009 at Sydney Airport, when $29$-year-old Anthony Zervas was brutally killed. The attack involved members of the Sydney-based Comanchero motorcycle club targeting members of the internationally known Hells Angels club. Zervas was returning to Sydney from Melbourne with his brother and a friend, both Hells Angels members. The assault was savage—Zervas was bashed with a metal bollard and stabbed multiple times in the chest and abdomen.

The Mahmoud 'Mick' Hawi case

In 2011, Mahmoud 'Mick' Hawi received a $28$-year jail sentence for the murder of Zervas. The sentencing judge noted that Hawi displayed 'flagrant disregard' for the law and showed no consideration for the traumatic memories forced upon innocent bystanders who witnessed the brutal attack.

However, the case took a controversial turn in 2014 when Hawi was released from jail and granted a retrial. The appeal court judge determined that it could not be established beyond reasonable doubt that Hawi was solely responsible for Zervas's death. The court upheld Hawi's appeal and permitted him to plead to the lesser charge of manslaughter.

Despite being granted bail, Hawi was re-sentenced to jail in 2015 for three years for the manslaughter of Zervas. The judge commented that Hawi had shown remorse for Zervas's death and was capable of rehabilitation.

Ongoing public debate

The Zervas incident continues to fuel public debate about the dangers associated with OMCGs in Australia. Key concerns include:

• The potential for all-out war between rival motorcycle gangs
• Drive-by shootings
• The manufacture and distribution of methamphetamine ('ice')
• Illegal use of firearms

Many Australian states have responded by amending legislation to ban OMCGs from existing and to reduce their presence and profile in public places.

The Australian Crime Commission's assessment

According to the Australian Crime Commission (ACC), a federal statutory body established to investigate and combat serious crime, OMCGs represent a 'real and present danger to the Australian community'. The ACC estimates that approximately $40$ active OMCGs operate in Australia, with around $6000$ 'patched' members. These groups have established strong and complex criminal networks operating in many illicit markets throughout the country.

International presence

OMCGs are not unique to Australia—they exist in many countries worldwide. Some of the best-known international OMCGs include the Hells Angels and the Bandidos. In New South Wales alone, an estimated $19$ groups operate, including well-known organisations such as the Comancheros, the Finks, the Rebels, and the Gypsy Jokers.

Organised crime

Organised crime refers to illegal activities organised by criminal groups or enterprises, most commonly for the purpose of generating financial profit. Understanding organised crime provides important context for examining OMCGs, as these motorcycle gangs represent one form of organised criminal enterprise.

Well-known organised crime groups

The most recognisable organised crime groups globally include:

• The Mafia (Sicily and the USA)
• The Japanese Yakuza
• Mexican drug cartels

Popular culture has brought these groups into public consciousness through television programmes like The Sopranos and films like The Godfather. In Australia, television series such as Underbelly and Bikie Wars recounted the gangland wars in Melbourne during the 1990s and the Milperra (bikie) Massacre in 1984 in Sydney.

Historical context

Organised crime has a long history worldwide. Throughout history, pirates, highwaymen, and bandits have attacked trade routes and roads to steal and profit from transported goods. Australians are familiar with the stories of the Kelly Gang in 19th-century Australia. Smuggling and organised drug-trafficking rings remain common in many countries. Some current criminal organisations in Italy and Japan can be traced back many centuries.

Contemporary criminal activities

Today, organised criminal groups operate in various areas of illegal business, including:

• Drug manufacture and distribution
• Extortion and money laundering
• Prostitution
• People smuggling
• Environmental crimes such as dumping toxic waste
• Counterfeiting of money
• Digital piracy (unauthorised reproduction and distribution of digital music, software, videos or other material, often for profit)
• Illegal bookmaking (the activity of calculating odds on sporting and other events and taking bets) and gambling

Important distinction

OMCGs have been identified in Australia as operating in some of the organised crime areas listed above. However, it is crucial to note that simply belonging to, participating in, or associating with one of these groups does not necessarily mean that a person has committed any crime.

Motorcycle clubs

History and development

Motorcycle clubs are not a new phenomenon. The first motorcycle was invented in 1885 in Stuttgart, Germany, and motorcycles became commercially available by 1894. One of the oldest motorcycle clubs, the Yonkers Motorcycle Club, was founded in Yonkers, New York in 1903.

The American Motorcyclist Association

Today, the largest motorcycling organisation worldwide is the American Motorcyclist Association (AMA), founded in 1924. The AMA represents people with an interest in motorcycling—or as the organisation describes it, 'freedom on two wheels'. The AMA currently claims close to $300{,}000$ members and promotes various motorcycling events in the United States and around the world. The AMA also acts as an advocate for motorcyclists before governments, local and international law-makers, and the general public.

Motorcycle clubs in Australia

Hundreds of motorcycling organisations exist in Australia. Clubs in New South Wales include the Ulysses Club, the Ambassadors, and the Vietnam Veterans. The organisational structures of clubs vary, but they often feature:

• Elected officers and directors
• Annual fees
• Regular publications
• Social events
• Recreational or competition rallies

One of the biggest motorcycling events in Australia is the Australian Motorcycle Grand Prix, an international event held annually on Phillip Island, Victoria.

Outlaw motorcycle gangs

Scale and significance

Outlaw motorcycle gangs represent only a very small percentage of motorcycle groups. However, their impact on public safety and their criminal activities make them a significant concern for law enforcement and the broader community.

Historical origins

Some OMCGs have a long history. One of the largest international clubs, the Hells Angels, was first formed in 1948 in Fontana, California. OMCGs began to emerge in Australia in the 1960s and spread quickly across all states.

The Hollister riots and the '1%' identity

One of the first criminal incidents attributed to OMCGs occurred on 4 July 1947, US Independence Day, when the AMA sponsored a series of motorcycle races in the small town of Hollister, California. One of the motorcycle groups involved was reported to have initiated drag racing on the main streets of town, as well as drunken brawling.

When one rider was arrested and locked in a police cell, an estimated $750$ riders challenged the local seven-man police force to release their friend. The event became known as the Hollister riots.

Identity markers

Identity is crucial to OMCGs. Many motorcycle clubs, both mainstream clubs and OMCGs, display unique club patches (symbols or club logos attached to the back of a motorcycle club member's vest) on the back of their members' vests. These patches feature the club's logo, name, and often the initials 'MC' (motorcycle club), together with the club's local branch or chapter (a local branch of a motorcycle club).

These patches form what is known as the club's colours (a motorcycle club's standard vest showing the club's patches on the back as a mark of identification). For OMCGs, the club's colours are very important to both the club and its members.

Some OMCGs even have an additional patch with '$1$ per cent', to clearly distinguish themselves from the norms and values of mainstream clubs. Other patches include symbols such as skulls and crossbones.

The colours also act as a crucial identifier for law enforcement agencies seeking to prove OMCG involvement.

Organisational structure

The structure of an OMCG is often another important factor for the law in identifying the group and its levels of membership under the defined legal terms for such organisations.

OMCGs in Australia

New South Wales now has the greatest number of clubs and club chapters. The largest gang in Australia is believed to be the Rebels, with an estimated $2000$ members.

The Hells Angels: a case study

The Hells Angels Motorcycle Club originated in Fontana, California, in 1948. Initially, it attracted soldiers returning from the Second World War, and later the Vietnam War. The name 'Hells Angels' had been used by several US air fighting squadrons during both World Wars.

Military influence on structure

International expansion

Over time, the Hells Angels grew from a small club in California to an international organisation with approximately $189$ chapters in $22$ countries.

Organisational hierarchy

According to Sergeant Jacques Lemieux, an Ottawa-based expert on the Hells Angels, each chapter holds weekly meetings known as 'church'. The organisational structure includes:

Code of conduct

It is believed that there is a code of conduct governed by the Sergeant-at-Arms, which may differ slightly from chapter to chapter. Three major rules apply to all members:

1. No sexual assault
2. No use of heroin
3. No 'burning' of drug deals (attempting to 'rip off' a buyer or seller)

Official presentation

In Australia, the official Hells Angels website displays a range of activities based around motorcycle riding, with prizes and giveaways. It features notices of events, email contacts, and a photo gallery. It does not list any rules for club members.

OMCGs and organised crime

The criminal threat

According to the Australian Crime Commission, OMCGs present a visible threat of complex and highly functional criminal networks. Although estimates vary, the cost of OMCG activities has been estimated at around $2.2 billion per annum.

Criminal activities

OMCGs are reputed to be involved in:

• Manufacture and distribution of illegal drugs
• Money laundering and extortion
• Trade in illegal firearms
• Trade in stolen goods
• Violent crimes and motor vehicle offences

OMCG claims

The Milperra Massacre

One of the most important Australian cases in which OMCGs received widespread media exposure for violent criminal activity was also one of the largest criminal court cases in Australian history. The incidents occurred in a Sydney suburb in 1984, in what became known as the 'Milperra Massacre'.

The Milperra Massacre court case was one of the largest criminal trials held in Australia to that time. A total of $43$ people were charged with seven counts of murder.

The incident

The Milperra Massacre took place on Father's Day 1984 in the Sydney suburb of Milperra. It involved two rival gangs, the Bandidos and the Comancheros, and a number of other motorcycle gangs. The chief conflict was between Anthony 'Snoddy' Spencer, who left the Comancheros to become a Bandido leader, and William 'Jock' Ross, the President of the Comancheros. The Comancheros, Bandidos, and other outlaw gangs were competing to control the manufacture and supply of amphetamines (speed), as well as the cocaine trade.

Legal consequences

The judge in the case, Justice Adrian Roden of the Supreme Court of New South Wales, named Ross as the 'supreme commander' of the Comancheros. He stated that Ross had instigated the violence by deciding that his club members would go in force and armed to Milperra.

Ross received a life sentence for his part in the violence but served only five years and seven months. Life sentences were also given to seven other Comancheros, while manslaughter verdicts saw $16$ members of the Bandidos serving $14$ years. No 'biker' testified in the cases, and many details of the event remain unknown to this day.

Legislative impact

Recent violent incidents

Since the Milperra Massacre, there have been many public and violent incidents involving OMCGs across Australia. Some of the most shocking recent examples include:

Drive-by shooting statistics

A 2012 report by the NSW Bureau of Crime Statistics found a $40$ per cent increase in the rate of 'drive-by shootings' from 2010 ($71$ shootings) to 2011 ($100$ shootings). The Bureau director, Don Weatherburn, said this was one of the state's most serious crime trends and a matter of concern. By 2015, the number of drive-by shootings had remained static. These are now referred to as either 'discharge weapon into premises' or 'discharge a firearm illegally'.

Hidden criminal activities

The above statistics illustrate only the public, violent face of some OMCG activities. The black market criminal activities of OMCG-related business—such as the trade in illegal drugs or firearms, or illegal financial activities like money laundering and extortion—are often not as well known to the public.

Evolving threats

Legislative challenges

As an issue of public and political concern in all Australian jurisdictions, OMCGs have received much attention from law-makers. The legislative responses to violent OMCG-related incidents have been unprecedented, largely because of the amount of media attention and public concern the incidents raised.

One of the main difficulties is that OMCG activities are a nationwide problem, but the problems often vary between jurisdictions, requiring coordinated responses across state and territory boundaries.

Remember!