A notorious Perth bikie has had an extraordinary court win after he was cleared of flaunting his gang colours in public.

Dayne Brajkovich is the first to successfully challenge Western Australia’s anti-insignia laws.

Police accused the former Hells Angel member of flaunting his gang merch and tattoos on two occasions last year and insisted a picture of a man walking outside Ascot Racecourse could only be Brajkovich.

Dayne Brajkovich is the first to successfully challenge Western Australia's anti-insignia laws.
Dayne Brajkovich is the first to successfully challenge Western Australia’s anti-insignia laws. (9News)

A magistrate cleared the former enforcer of gang insignia charges, convinced it could be a case of mistaken identity.

The 43-year-old denied it was him and claimed he doesn’t walk like a “homie g” and he wouldn’t be “seen dead” in club colours after he was kicked out.

The magistrate couldn’t be certain either.

As for claims he failed to cover up his gang tattoos at Belmont Forum shopping centre, the poor quality CCTV didn’t prove it.

The state will now have to pay the former enforcer $4000 in legal costs.

The police commissioner has insisted he is undeterred by the defeat.

“We have to always accept the outcome of the court,” Col Blanch said.

“We’ll learn from any issues that do arise and we’ll always make sure that we do it better next time.”

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