By Anne-Marie Emerson and Colin Rowatt
A gift from his niece landed Brett Beamsley in court yesterday, charged with breaching Wanganui's new gang patch ban.
Mr Beamsley, who is a member of the Mongrel Mob, was driving along Somme Pde on September 2 – the day after the gang patch bylaw came into force – to take a lawn mower to a friend. He was pulled over by the police for a licence check, and was arrested for breach of the bylaw.
Police confiscated the red beanie he was wearing, a gift from his niece four years ago, which was adorned with a small bulldog insignia, similar to the Mongrel Mob insignia.
But according to Mr Beamsley, the emblem was not a Mongrel Mob one – it was the symbol of the University of Georgia's sports teams.
The emblem was a white bulldog wearing a red and black cap with a black "G" on it.
"The bulldog doesn't look anything like any of the New Zealand gangs' insignia," he said.
Charges against Mr Beamsley were dropped when he appeared in Wanganui District Court yesterday, with police saying there was a lack of evidence.
However, police central district commander Superintendent Russell Gibson said he was "disappointed" at the Wanganui police decision to withdraw the charge.
"I believe that this is a matter that should have been addressed by the court and am disappointed that a decision was made by a member of my staff to withdraw the charge without further appropriate consultation," he said.
Mr Gibson also issued a clear warning that any future similar actions by gang members or associates would not be dealt with in the same way as Mr Beamsley's case.
"I am concerned that the decision will be used to bait us, which is the very behaviour that the legislation was brought in to curb," he said.
"It is for that reason I want to make it very clear to all gang members and associates in Wanganui that if a similar situation arises it is highly likely we will proceed with a prosecution and allow that prosecution to be tested in a court of law."
Mr Beamsley told the Chronicle he was annoyed the charges were dropped because he wanted to "have my say in court".
He had pages of evidence to present, including an email from the University of Georgia's athletic director, Claude Felton, confirming the bulldog was the logo of the university's sports teams.
Mr Beamsley said the university's logo had probably been around longer than any New Zealand gang.
"It's a registered trademark – are they going to arrest anyone wearing any bulldog [insignia]?
"It depends on who is wearing it, not what they're wearing."
Mr Beamsley has been a patched member of the Mongrel Mob for 18 years.
"I still have my patch – nothing is going to change that. But I'm not going to do anything stupid, I'm not going to disobey [the bylaw]."
He said the bylaw could cause more trouble than it solves.
"The gangs will be able to get away with a lot more now that they're not wearing colours."
Mr Beamsley intends to get his beanie back from the police, although he understands that could take up to three months.
"When I get it back I'll put it straight on and go into town."
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