The Full Bench of the High Court of Australia on Wednesday dismissed an appeal by Palm Island mother Joan Maloney declaring alcohol management plans are not a breach of the Racial Discrimination Act.

Last year a Townsville magistrate found Mrs Maloney guilty of possessing alcohol in a restricted place and fined her $150.

The HCA decision has opened the flood gates to withdraw 600 similar, pending appeals being held by various law firms until the High Court made its determination.

Another 100 prosecutions are awaiting trial.

The legality of the Queensland Liquor Act regulation has prompted much derision from aboriginal communities across the state.

It has also shored up the state government and its continuance of Alcohol Management Plans in at risk communities.

The Liberal Member for Cook, David Kempton, a former solicitor, whose electorate takes in Cape York Peninsula and the Torres Strait has come out in support of the decision.

He told ABC Radio he was “not surprised” at the outcome, which stated Joan Maloneys rights to possess alcohol in a restricted area were not breached by Racial Discrimination Act.

Under the legislation Mrs Maloney now could have a criminal conviction against her name, unless a court orders no conviction be recorded.

Last year the Weekend Australian newspaper carried a front page story about pre-election promises allegedly made by Mr Kemptons campaign members that the Alcohol Management Plans would be removed from various communities if local people voted for him.

In the article Mr Kempton denied he or his campaign members made any such claims, however the election results at Kowanyama clearly showed a considerable increase in primary votes of an unprecedented magnitude for the LNP.

On polling day, candidates from other parties were told of a ruckus at the Kowanyama polling booth, resulting in a LNP supporter from Mareeba being ejected from the booth environs by Queensland Electoral Commission staff.

Although strong alcohol is banned from communities, Mr Kempton told the ABC there is a lot of sly grogging going on.

He said alcohol should only be allowed in taverns that are controlled by the local councils which would help to stop binge drinking of spirits sold at a highly inflated price by sly groggers.

According to Mr Kempton the government planned to get tough on the suppliers of illicit alcohol, but he added Kowanyama had “not advanced much” in stemming the flow from the south.

There was so much grog available, he said, the hotel which normally serves mid-strength beer during tightly regulated opening times, had closed down.

Meanwhile, Errol Neale, the Mayor of Yarrabah Aboriginal Community, south of Cairns, said the High Court decision was a sad day for democracy in Australia.

He said he was disappointed, because alcohol abuse was occurring around the world and was not confined to aboriginal communities.

“It makes common sense to allow us to manage our own affairs and we have been saying this for 220 years,” Mr Neale said.

“We have been undermined again and aboriginal people will have criminal records all their life.”

Wayne Butcher, the Mayor of Lockhart community, located 500 kilometres north of Cairns echoed the Yarrabah mayors comments.

“We want the alcohol bans lifted,” he demanded.