A gun ban has been slapped back on senior Rebels bikie Colin “Snake” Websdale, after months of a back-and-forth legal battle with Victoria Police.
Senior Rebels bikie Colin “Snake” Websdale has had his gun ban reinstated following a back-and-forth legal wrangle with Victoria Police.
The Court of Appeal today set aside a Victorian Civil and Administrative Tribunal decision to overturn a police-issued Firearms Prohibition Order on Websdale.
Court of Appeal president Justice Chris Maxwell, along with justices Pamela Tate and Richard Niall, agreed that the tribunal’s Judge Felicity Hampel had “made an error of law” when assessing Websdale’s risk.
“Given (Websdale’s) close association with the Rebels and his continuing authority over them, it is plainly in the public interest that he not be allowed to possess, carry, or use a firearm,” the appeal judges said.
“The making of the order will meaningfully moderate a risk which would otherwise be likely to exist should he come into possession of a firearm.
“No other conclusion was reasonably open on the factual findings which her Honour made.”
Websdale was slapped with the order in May last year just weeks after the new anti-gun laws were introduced in Victoria to stop certain people from possessing weapons or going to premises where firearms are available or being stored.
But in May this year, he appealed to VCAT and became the first person to succeed in overturning the order, raising concerns among the force its new laws to prevent gun crime across the state
Fears were also sparked the VCAT decision could have paved the way for others served with the orders to appeal.
The Office of Public Prosecutions immediately launched an appeal.
Dr Ian Freckleton QC argued on behalf of Victoria Police it was in the interest of community safety and “public protection” Websdale remained under the power of the legislation
Websdale’s barrister Damien Sheales said there was no risk to the public because the Rebels figure had no intention of obtaining a gun.
He simply wanted to be able to visit his in-laws and greyhound trainer who both stored guns at their homes, Mr Sheales said.
Mr Sheales had said the suggestion the lifelong Rebel was unable to visit his Geelong clubhouse was “a fallacy” because the chapter did not have a gun licence and no weapons had been found there since 2008.
Websdale is a life member of the Rebels motorcycle club, holding roles including president of the Geelong chapter, Victorian president, and state vice president from 2005 to 2016.
A Victoria Police spokeswoman said the force was pleased with the Court of Appeal outcome.
She said FPOs gave police a greater capacity to break up firearm-related crime.
“The FPOs are a tool designed to complement the work that’s already being done proactively targeting illicit firearms and related crime, and give police another method of managing emerging issues or tensions,” the spokeswoman said.
She said the force would continue to issue FPOs to outlaw motorcycle gang members, Middle Eastern crime groups and other groups.
Source: Herald Sun