Two of the first alleged outlaw bikie gang members charged under Queensland's anti-association laws have had their bail applications adjourned.
Leslie Markham and James Cleave were arrested this month along with associate Bradley Baker in the foyer of luxury Gold Coast hotel Palazzo Versace.
They were the first charged under strict new laws that ban three or more members of declared criminal organisations from gathering in public.
The trio was charged with being participants in a criminal organisation while being knowingly present in a public place.
Barrister Craig Eberhardt, representing Markham, asked for the case to be adjourned until December 6, which was agreed to by magistrate Ray Rinaudo.
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A heavily tattooed Markham asked to appear via video link next time, and mouthed "I love you" to a friend before leaving the dock.
The matter of Cleave was adjourned until Monday afternoon.
Mr Eberhardt argued that Cleave was no longer a member of the Finks bikie gang and refused to "patch over" to the Mongols.
He is facing between a mandatory minimum six months to three years' jail if he is found guilty of the offence.
A trial could not be heard until at least February.
"It cannot sensibly be said that detaining someone for six months to prevent a repetition of that type of offence, or the risk of that type of offence, could be justified in a modern, civilised society," Mr Eberhardt said.
"There is no suggestion of criminal conduct or frightening or threatening behaviours.
"No one was hurt, threatened, it is purely a technical offence. This sounds a little bit like witch dunking."
The defence argued for Cleave to be released on bail, with a nightly curfew and random drug tests.
The court heard Cleave had been under surveillance for an 18-month period, and during that time he had been charged for driving under the influence of methylamphetamine.
Crown prosecutor Sarah Farnden said police believed he was a proud Finks member, had always been a Finks and would always be a Finks.
"There are numerous people he had association with who are known members of gangs," she told the court.
"The fact that three members of a criminal organisation are together has been legislated as being an offence in recognition that it is considered to be intimidatory to the public.
"It is a strong Crown case."
Under the Queensland government's anti-bikie legislation, motorcycle gang members are automatically refused bail unless they can prove they should be released.
