NIGEL HUNT The Advertiser December 09, 2013
THE Mongols bikie gang's top two
members are now banned from talking to each other because police have
taken unprecedented legal action to keep them apart.
The Advertiser can reveal that Mongols president Andrew
Majchrak has been slapped with a Consorting Prohibition Notice that bans
him from any contact with notorious bikie Mark Sandery, the gang's
Majchrak has also been served with another notice banning him from consorting with former Finks bikie Dylan Jessen -
who has told the District Court he has not joined the Mongols
in the recent "patch-over" of Finks members.
Majchrak is not contesting the notice concerning Jessen - who is in
Yatala Labour Prison awaiting sentencing after pleading guilty to
unlawfully possessing a .22 calibre pistol - he has lodged an
application in Adelaide Magistrates Court seeking a review of the notice
banning any contact with Sandery.
While police have declined to comment because of the court action,
senior lawyers said the police move was "a clear indication'' police
still viewed the Mongols as a major public safety threat, despite the
gang'srecent public claims it was leaving its lawless, violent past behind.
"The notices are aimed squarely at stopping the key members of the gang
from talking. It is a very, very effective disruption tactic,'' one
senior lawyer said.
"If they can't talk, they can't do business, it's as simple as that. A
good analogy would be like watching what would happen to a company if
the managing director and the general manager can't communicate. It just
Police can issue a Consorting Prohibition
Notice under the Summary Offences Act against individuals who match
certain criteria involving both their criminal history and police
intelligence on their suspected criminal activities.
The penalty for breaching the notice is two years jail.
Majchrak faced Adelaide Magistrates Court last week
on a charge of possessing a prohibited weapon - a $14,000 solid gold, two-fingered Finks ring
that police have described as a knuckleduster.
was released from Yatala in August after serving a 14-month sentence for possessing an SKS semi-automatic rifle
and 700 rounds of ammunition. He has
vowed to seek revenge against Hells Angels rivals
who were involved in the
shooting of his 11-year-old son
in September 2011.
The Consorting Prohibition
Notices are not connected to the association orders that can be issued
once a bikie gang is declared a criminal organisation under the Serious
and Organised Crime (Control) Act.
Police are in the final stages of preparing an application to have the Mongols declared under that Act.
Adelaide Magistrates Court documents reveal police issued the notice
against Majchrak prohibiting contact with Sandery on October 21, just a
fortnight after half of the 65-strong Finks members patched over to the
Majchrak's lawyer Craig Caldicott lodged an application
on November 18 seeking a review of the notice and an order that it be
The application lists numerous grounds for the review,
but primarily states "there was no basis, or proper basis, for being
satisfied of the matters'' set out in the notice issued against
The matters "in particular'' were that Mr Majchrak
habitually consorted with Mr Sandery; Mr Majchrak and Mr Sandery
subscribe to an outlaw motorcycle gang that subscribes to a "1 per cent"
culture; that the Mongols MC, as successor of the Finks MC and the
Hells Angels MC, are engaged in an ongoing conflict in which Mr Sandery
is centrally involved and that prohibiting Mr Majchrak from consorting
with Mr Sandery would achieve any of the matters set out in the final
bullet point of the notice.
"Further, and in any event, there is
no basis, or proper basis for concluding that it was appropriate that a
notice be issued . . . either at all, or in the terms issued,'' the