Conduct no bar to charges

CRIMINAL charges can proceed against 20 people linked to the Red Devils motorcycle club, despite ‘‘extremely grave’’ police misconduct, the Court of Appeal has ruled.

The court said the link between the misconduct and any trial was weak, and the public interest favoured the trial going ahead.

While police actions undermined public confidence in the criminal justice system, that confidence would be undermined even more if the defendants did not face trial on the charges, the court said.

It allowed a Crown appeal yesterday and overturned an order a year ago that stopped the charges.

Police say the misconduct will not be repeated. An internal investigation is continuing to decide whether anyone will face disciplinary charges as a result of the decision to fake a search warrant, charge an undercover officer under his assumed name, and have him appear in court under that name.

Police assistant commissioner for investigations Malcolm Burgess said yesterday: ‘‘New processes have been implemented to ensure police or the courts are not put in this position again.’’

Police will be discussing with Crown lawyers the process to be followed now.

Pip Hall, QC, who appeared for three of the defendants, said the next steps in the case, including whether to lodge an appeal, could not be decided quickly.

Trevor John Momo Wilson pleaded guilty to charges including supplying LSD. He was sentenced to 21⁄ years’ jail in September last year.

In late November, after the charges against the other defendants were stopped, he was given bail pending the outcome of the appeal hearing. His bail is now likely to be revoked if there is no appeal to the Supreme Court and the trial of the others proceeds.