A judge has reserved his decision on whether a raid on an unlicensed bar at the Nelson headquarters of the Red Devils was reasonable.
A two-day hearing in the Nelson District Court was set down to hear charges against some of the people found at the headquarters, who were charged with being found on unlicensed premises under the Sale of Liquor Act.
The charge only carries a fine and 12 people have already pleaded guilty and were fined $200.
The hearing was delayed due to legal arguments about whether the search of the property was reasonable. It will be scheduled for a later date.
More than 40 police, including a team police unit from Christchurch and members of the armed offenders squad entered the club's Natalie St premises in August 2010.
Police entered through the club's gate and by cutting down a fence at the side of the premises. A search was then made under the Sale of Liquor Act.
A bar, two fridges and a large quantity of beer were found at the club house.
Glassware and spirits were also found along with a till. Its cash drawer was found in a bedroom and a cash tin was also recovered.
Lawyer Steven Rollo, who is representing a number of the defendants, argued the charges should be dismissed as the search of the property and the way it was conducted was unreasonable.
The court was told those at the headquarters were detained for between 30 minutes and 2 1/2 hours, while they were processed and their details taken.
The Crown argued that entry via cutting down the fence and through the gate was necessary, as there was a short delay before police were given access through the main gate and it was necessary to get on to the property quickly.
- © Fairfax NZ News