Director of Public Prosecutions for Western Australia v Gypsy Jokers Motorcycle Club Inc

The Gypsy Jokers Motorcycle Club Inc. (the Objector) filed an objection to a freezing order made by the Supreme Court of Western Australia, which froze $72,995 found by police in the execution of a search warrant at the Objector's clubhouse. The Objector argued that the order was obtained by an abuse of process, as the Director of Public Prosecutions for Western Australia (DPP) did not have evidence to support a suspicion that the Property was derived wholly or partly from the commission of a confiscation offence. The court examined the legal issues, including the provisions of the Criminal Property Confiscation Act 2000 and the Rules of the Supreme Court. The court considered whether the orders could be made in the absence of reasonable grounds for suspecting property used in or derived from a specific confiscation offence. The court found that a freezing order could not be made without evidence linking the property to an identifiable confiscation offence. However, the court dismissed the application, stating that the Objector should proceed by appeal or application to set aside the orders. The court directed the DPP to show cause why a further affidavit not disclosed should not be disclosed to the Objector.