BN- One of Tasmania's most recognisable bikies has been injured while being held in the infamous Goulburn Super Max prison. Aaron Joe...
BN- One of Tasmania's most recognisable bikies has been injured while being held in the infamous Goulburn Super Max prison.
Aaron Joe "AJ" Graham was a founding member of the Rebels Motorcycle Club in Tasmania and is the former president of the club's Kingston chapter.
The New Zealand national has been in the Super Max prison in Goulburn, New South Wales, since his visa was cancelled by Immigration Minister Peter Dutton for failing the "good character" test.
Graham has a significant criminal history of firearm, drug and assault offences.
He is appealing against the deportation order but a date is yet to be set for a Federal Court hearing of that appeal.
The 48-year-old was due to appear in the Magistrates Court in Hobart this morning along with his co-accused Michael Glenn Preddy, who are charged with evading police.
The pair allegedly failed to stop for police in the suburb of Sorell on Hobart's eastern shore in January this year.
Prosecution laid out their case to the court in March and the defence case was due to be heard today.
Preddy was in court but Graham appeared via video link from Super Max.
Police prosecutors told the court they wanted to adjourn the case indefinitely.
Graham an 'innocent bystander' in prison riot
The Melbourne-based barrister representing both men, Michael Pena-Rees, told the court he wanted to oppose the application.
But he told Magistrate Michael Daly Graham that Graham had been in lock-down for the past four or five days and he had been unable to get instructions from him.
"My understanding is there was a riot at the prison and he was an innocent bystander who received tear gas from that and was also witness to a stabbing," he said.
He told Magistrate Michael Daly that Graham should be brought back to Tasmania.
"I'm quite sure that Tasmania has the ability to detain Mr Graham while matters are pending in the Federal Court," he said.
Mr Pena-Rees told the court he had also contacted the governor of the Super Max prison about their concerns for Graham's welfare.
"He's not a normal prisoner as such; he's not serving a sentence and is not on remand for matters and the governor has not responded to the concerns that we've had," he said.
Mr Daly said he would not be granting any application to adjourn a partly-heard matter indefinitely.
"Mr Preddy and Mr Graham are entitled to make their defence," he said.
He added he was not sure there was a legal basis allowing prosecution to seek to have the defence case adjourned indefinitely, on a matter where prosecution had already presented its side.
Magistrate allows Graham to see friends and family
The court heard the defence case was likely to take a whole day and there would be up to seven witnesses.
Mr Daly said that when the Super Max had been approached they had been able to make Graham available for a video link on short notice and adjourned the matter until next month.
The court room's public gallery was filled by Graham's supporters, among them his son.
Graham made a direct appeal to Mr Daly to be allowed to see them.
"I haven't seen any of my family or friends in a very long time," he said.
"Can I turn the camera to see my friends and family if I behave myself?"
Magistrate Daly agreed.
"You're not on remand so I'm happy to make whatever accommodation I can," he said.
Graham waved and blew kisses to the public gallery, calling out "I love you ..... bye! I've got to go back to my cell now" as the hearing wrapped up.
The Immigration Department and the minister have the power to cancel the visas of people who fail the character test under the Migration Act.
Speaking outside the court Mr Penna-Rees said most were kept in detention facilities in their own state and he believed Graham was the only one being housed in Super Max.
During the June crackdown on bikie operations in Tasmania, authorities searched 30 homes connected to bikies or club associates, three businesses, prison cells and numerous cars.
Twenty-six firearms, three Tasers, ammunition for various weapons, illegal body armour, $200,000 in cash and drugs, including cannabis, ice and speed were seized during the raids.
Fourteen gang members and associates were arrested and another 19 summonses were issued.
Aaron Joe "AJ" Graham was a founding member of the Rebels Motorcycle Club in Tasmania and is the former president of the club's Kingston chapter.
The New Zealand national has been in the Super Max prison in Goulburn, New South Wales, since his visa was cancelled by Immigration Minister Peter Dutton for failing the "good character" test.
Graham has a significant criminal history of firearm, drug and assault offences.
He is appealing against the deportation order but a date is yet to be set for a Federal Court hearing of that appeal.
The 48-year-old was due to appear in the Magistrates Court in Hobart this morning along with his co-accused Michael Glenn Preddy, who are charged with evading police.
The pair allegedly failed to stop for police in the suburb of Sorell on Hobart's eastern shore in January this year.
Prosecution laid out their case to the court in March and the defence case was due to be heard today.
Preddy was in court but Graham appeared via video link from Super Max.
Police prosecutors told the court they wanted to adjourn the case indefinitely.
Graham an 'innocent bystander' in prison riot
The Melbourne-based barrister representing both men, Michael Pena-Rees, told the court he wanted to oppose the application.
But he told Magistrate Michael Daly Graham that Graham had been in lock-down for the past four or five days and he had been unable to get instructions from him.
"My understanding is there was a riot at the prison and he was an innocent bystander who received tear gas from that and was also witness to a stabbing," he said.
He told Magistrate Michael Daly that Graham should be brought back to Tasmania.
"I'm quite sure that Tasmania has the ability to detain Mr Graham while matters are pending in the Federal Court," he said.
Mr Pena-Rees told the court he had also contacted the governor of the Super Max prison about their concerns for Graham's welfare.
"He's not a normal prisoner as such; he's not serving a sentence and is not on remand for matters and the governor has not responded to the concerns that we've had," he said.
Mr Daly said he would not be granting any application to adjourn a partly-heard matter indefinitely.
"Mr Preddy and Mr Graham are entitled to make their defence," he said.
He added he was not sure there was a legal basis allowing prosecution to seek to have the defence case adjourned indefinitely, on a matter where prosecution had already presented its side.
Magistrate allows Graham to see friends and family
The court heard the defence case was likely to take a whole day and there would be up to seven witnesses.
Mr Daly said that when the Super Max had been approached they had been able to make Graham available for a video link on short notice and adjourned the matter until next month.
The court room's public gallery was filled by Graham's supporters, among them his son.
Graham made a direct appeal to Mr Daly to be allowed to see them.
"I haven't seen any of my family or friends in a very long time," he said.
"Can I turn the camera to see my friends and family if I behave myself?"
Magistrate Daly agreed.
"You're not on remand so I'm happy to make whatever accommodation I can," he said.
Graham waved and blew kisses to the public gallery, calling out "I love you ..... bye! I've got to go back to my cell now" as the hearing wrapped up.
The Immigration Department and the minister have the power to cancel the visas of people who fail the character test under the Migration Act.
Speaking outside the court Mr Penna-Rees said most were kept in detention facilities in their own state and he believed Graham was the only one being housed in Super Max.
During the June crackdown on bikie operations in Tasmania, authorities searched 30 homes connected to bikies or club associates, three businesses, prison cells and numerous cars.
Twenty-six firearms, three Tasers, ammunition for various weapons, illegal body armour, $200,000 in cash and drugs, including cannabis, ice and speed were seized during the raids.
Fourteen gang members and associates were arrested and another 19 summonses were issued.
More: http://www.abc.net.au/news/2015-09-16/notorious-bikie-boss-injured-in-goulburn-super-max/6780466
