Rebels bikie leader loses arm-wrestle with police over gun ban

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 yesterday set aside a Victorian Civil and Administrative Tribunal decision to overturn a policeissued 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 the man’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, weeks after anti-gun laws were introduced in Victoria to stop certain people from possessing weapons or going to premises where firearms were 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 in the force that new laws to prevent gun crime across the state were ineffective.

The VCAT decision also sparked fears that others served with the orders would 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” that 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 inlaws and greyhound trainer who both stored guns at their homes, Mr Sheales said.

A Victoria Police spokeswoman said the force was pleased with the outcome.

She said the orders gave police a greater capacity to interrupt firearm-related crime.