Court won't hear Red Devils appeal

Last updated 15:41 04/07/2014

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Nelson's Red Devils motorcycle club has lost a bid to take its case against an undercover police operation to the country's highest court.

The Court of Appeal last year overruled High Court Justice Simon France's decision to halt 151 organised crime and drug charges against 20 members of the Nelson gang arrested as the result of an undercover police investigation.

During that investigation, two undercover police officers infiltrated the gang, and one was arrested and appeared in court on fake criminal charges to strengthen his credibility.

Members of the gang applied to the High Court for a stay of all charges on the ground they were so contrary to proper and acceptable police practice that they amounted to an abuse of the courts' process. 

Justice France condemned the police actions, but the Court of Appeal judges ruled the criminal charges could proceed in the name of public interest.

Two men facing the charges, Terry Jones and Mark Lee, applied for leave to appeal to the Supreme Court.

In a decision released today, Justice John McGrath ruled the court did not have jurisdiction to hear an appeal.

It dismissed the applications for leave to appeal, which means the men will face trial.

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