The president of the state's smallest motorcycle club has backed down from a legal battle to regain his gun licence, leaving three other club members to fight the possible test case in Victoria’s appeals court.
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Four members of Wangaratta motorcycle club, the Tramps, had taken their dispute to the Victorian Civil and Administrative Tribunal in a bid to overturn a Firearms Committee's decision to uphold police’s cancellation of their firearms licences in 2012.
But club president Ronny Harding pulled out of the challenge on Tuesday. His lawyers would not say why he had withdrawn.
Tramps members Michael Oxenham, Mal Dinsdale and David Winzer will continue with their appeal.
They say they used firearms for hunting, controlling vermin, and, in the case of Mr Oxenham, for work as a mobile butcher.
It is believed to be the first time since police seized more than 100 guns from bikies across Victoria in August 2012 that the cancellation of a gun licence held by those deemed not "fit and proper" people has been appealed at VCAT.
Lawyers for Victoria Police chief commissioner Ken Lay will argue that while the 12-member Tramps club was not classed as an "outlaw" gang, there was a clear relationship with the notorious Hells Angels.
"The landscape within the motorcycle club’s culture has changed within the last 10 years and they have been more willing to associate with criminal gangs," police told the tribunal.
"They are not fit and proper persons to maintain firearms licences."
The tribunal heard that in March last year the Hells Angels summoned members of supporter motorcycle clubs, including the Tramps, to a meeting before Bandidos serjeant-at-arms Toby Mitchell was shot in Melton.
Mr Harding was a "close associate of a very senior figure within the Hells Angels," police alleged.
The Tramps members who attended had the meeting left by the time any violence erupted.
But Mr Lay's lawyers said a dangerous allegiance to criminals was evident in that none of the seven Tramps members contacted police when they realised what was happening.
Trevor Monti, SC, for the three Tramps members, said his clients were respected community members, and their case should not be tarnished by the criminal activities of other clubs.
"It’s guilt by association. It’s unprincipled and uncalled for," he said.
"We resist the notion that is going to come in materials relating to the Hells Angels.
"We submit it is a witch hunt, and it is unfair."
The hearing before VCAT vice-president Marilyn Harbison continues
