Tuesday, December 10, 2013


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 sergeant-at-arms.

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.

While 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 doesn't function.''

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.

Sandery 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 Mongols.

Majchrak's lawyer Craig Caldicott lodged an application on November 18 seeking a review of the notice and an order that it be revoked.

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 Majchrak.

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 application states.



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