Barbaro consorting bail terms reduced

A MAGISTRATE has said police were going outside their powers when stringent bail conditions were placed on accused Villains gang member Harley Barbaro for allegedly breaking anti-consorting laws.

Police allege Barbaro contacted “recognised offenders” despite being warned twice not to do so, an offence known as habitually consorting.

In May, Barbaro was charged with six counts of habitually consorting and placed on strict bail conditions by police at the Southport Watchhouse.

The bail conditions banned him from every pub, club and hotel in the state, prohibited him from owning more than one mobile phone and placed “no contact’’ conditions between him and every person who was accused of being a member of the Villains, a street gang.

Defence lawyer Campbell MacCallum argued in Southport Magistrates Court yesterday that police were breaching the principles of the separation of powers by imposing the restrictions.

Magistrate Brian Kucks yesterday removed the strict conditions, agreeing that police had been overreaching.

“I am of the view that the conditions that have been placed on the defendant by the bail are an attempt by the police to place the defendant on a control order before there is a finding of guilt by a court,” he said, “And for a court to then, in its discretion, consider whether a control order should be placed.”

A control order is a decision by the court placing restrictions on a person and can only be put in place by a magistrate or judge after someone has been found guilty of consorting.

“In a nutshell, Mr MacCallum is saying the police as the executive arm is usurping the judicial arm of the government and this is a breach of separation of powers,” Mr Kucks said.

Police opposed the application and a 38-page affidavit was presented to the court.

Mr Kucks said the first 36 pages did detail some criminal activities Barbaro may have been involved in.

“I don’t believe it could be described as serious criminal activity,” he said.

Barbaro was the first person in Queensland to be charged under the consorting laws, which were introduced by the State Government last year to prevent organised crime.

They prohibit a person from contacting other “recognised offenders” after police have warned them not to do so.

Police warned earlier this week they would be cracking down on people caught under the laws and contacting each other through social media.

Mr Kucks granted the change in bail conditions.

The only conditions Barbaro must comply with now is to reside at his Bundall home.

The matter will return to court on July 26.