16 Oct 2013

Appeal ruling disgusts gang lawyer

8:39 am on 16 October 2013

A lawyer for a member of the Red Devils motorcycle gang is disgusted the Court of Appeal has reinstated charges against his client, despite serious misconduct by police.

The High Court had previously thrown out 151 charges against 21 members of the gang following a botched undercover investigation.

The Court of Appeal says the police misconduct, including faking a search warrant and having an undercover officer charged and appear in court under a false name, was very serious.

However, the court said there was only a weak link between the misconduct and the trial.

A lawyer for one of the accused, Eb Leary, says the court has effectively sanctioned the officers' behaviour, which he describes as criminal.

Mr Leary and another lawyer acting for the gang say they will consider taking the case to the Supreme Court.

Criminal Law Committee convenor Jonathan Krebs says the court strongly criticised the actions of the police, and the judiciary would take a dim view if they were repeated.