While the Hells Angels outlaw motorcycle gang has not been on the local police watch list for more than 20 years, a member of that notorious criminal organisation had a surprise appearance in the ACT Magistrates Court on Saturday.
Thomas Carmichael, 22, was arrested after investigators from ACT Policing's Organised Crime team and AFP Specialist Operations attended an address in Franklin just over a week ago and executed search warrants on the house and two vehicles.
During the warrant, police found an iPhone with a screensaver of a "1%" patch. This is a common identifier used by outlaw motorcycle gangs (OMCGs).
The defendant initially disputed ownership of the phone and declined to provide a code to unlock it.
However, police were able to establish the defendant was the owner, unlocked it and found an application on the phone known as Threema, which is headquartered in Switzerland and offers end-to-end encryption which cannot be tracked by law enforcement.
Police questioned Carmichael and reminded him under the terms of the search warrant, he was required to provide access to this data.
He was also reminded he was subject to an intensive corrections order issued by the Goulburn court last August.
"I don't recall it [the code]," Carmichael allegedly told police.
Police seized the bikie's phone, took it away and forensically examined it over the next week, finding 523 encrypted Threema notifications, including videos and images.
Police alleged when Carmichael did not unlock the phone, he breached Section 3LA of the Commonwealth Crimes Act, in which an alleged offender is required to provide any information or assistance that is "reasonable and necessary" to allow police to access data, including account-based data, held in or accessible from a computer or data storage device found on the premises.
Police returned to the Franklin home on Friday and took Carmichael into custody.
Under police powers introduced in 2019, the maximum penalty for failing to comply with a section 3LA order is now five years and/or 300 penalty units or, for a serious offence or serious terrorism offence, 10 years and/or 600 penalty units.
The Hells Angels traditionally have not had a presence in the ACT although in 2021, NSW Police Strike Force Raptor made arrests from a chapter based on the South Coast. Those charges related to drug trafficking, consorting and suspected stolen property.
Shaven-headed Carmichael appeared in court on Saturday in a beige T-shirt and denim shorts, sat stony-faced throughout the proceedings and said little.
He pleaded not guilty to two charges, including contravening requirements under Section 3LA, and for a breach of an intensive corrections order.
"You [Carmichael] know the content of that account," Magistrate Cook said, expressing his concern the alleged defendant would not comply with court orders.
Bail was refused and Carmichael will reappear again on November 29.
