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Friday, February 11, 2011

Australia - Bikies were 'dancing' not fighting, Supreme court is told

OFF THE WIRE
perthnow.com.au
Police raid Bunbury Coffin Cheaters
CONTEMPT: The Coffin Cheaters Clubhouse in Bunbury. Two members set for trial on contempt charges. Picture: Supplied Source: PerthNow


TWO more Perth bikies will face trial in the Supreme Court after refusing to answer questions to the CCC surrounding a brawl with a rival gang.
Coffin Cheaters Motor Cycle Club members Benjamin David Ortin, 32, of Gidgegannup and David Jon Reid, 45 of Wellard each faced one charge of failing to answer truthfully a question relevant to an investigation by the Corruption and Crime Commission.
The Supreme Court heard today how Reid told investigators a picture of bikies fighting could have been the gangs 'dancing'.
Last week four Finks members were jailed for to two years' jail each for refusing to answer questions by the WA corruption watchdog.
The private examinations were part of an ongoing WA Police investigation, Operation Tri-Star, targeting the activities of the motorcycle club following a fight with the Finks Motor Cycle club at the Kwinana Motorplex last October.
Counsel for the Commission, Sean O’Sullivan, said it is alleged that Ortin told the hearing he did not recall the fight and Reid was evasive saying a picture of the fight between the two motorcycle gangs could be dancing.
The examinations were conducted under the exceptional powers part of the Commission’s organised crime function.
Under this function the Commissioner of Police may apply to the CCC Commissioner to use exceptional powers to investigate serious and organised crime.
The exceptional power in this case involved summoning witnesses to compulsorily give evidence at a private examination before the Commission.
The CCC cannot under its Act directly investigate organised crime.
Today the Chief Justice, Wayne Martin QC, set the trial down in the Supreme Court on April 6 and 7.
He recently jailed four members of the Finks Motorcycle Club for two years on contempt charges relating to Commission hearings.
Finks members Tristan Allbeury, Stephen Silvestro, Troy Crispin Smith and Clovis Chikonga had appeared before the Corruption and Crime Commission (CCC) last year in relation to a brawl between them and rival gang the Coffin Cheaters.
A contempt of the Commission is the equivalent to a contempt of the Supreme Court which is subject to a penalty of a fine or jail. However, that penalty is up to the court’s discretion - there is no set penalty.