SHOT gangland figure Vince Focarelli is now relying on the Department of Corrections to allow him to attend the funeral of his eldest son.
Focarelli, 37, of Wattle Park, appeared in the Supreme Court via phone link with the Royal Adelaide Hospital this morning to review a Magistrate's refusal to grant him bail, reported Adelaide Now.
Today, Justice Ann Vanstone agreed with the Magistrate's ruling and denied Focarelli release on bail even for a few hours to attend the funeral, which is believed will be held tomorrow.
"There is a risk of further offending if Mr Focarelli were to be released," Justice Vanstone said.
"There is also the question of his safety and the safety of the community, these things are difficult to evaluate.
"But the killing of Mr Focarelli's son in apparently shocking circumstances show there is a real danger of Mr Focarelli attracting further violence."
Focarelli was charged with trafficking in a controlled drug and 11 breaches of bail last Thursday and has remained in custody of Corrections Services since.
Justice Vanstone said she was not inclined to grant Focarelli bail for "several hours" to attend the funeral service as she had no power to order appropriate protection for the New Boyz associate or the public in those circumstances.
"It's profoundly concerning when a man might not be able to attend his son's funeral, especially when his son died in such traumatic circumstances," she said.
"Nevertheless, because of the real concern for Mr Focarelli's safety and for the safety of others who will attend the funeral, and, having regard to my inability to make any orders that might address those concerns, I am unable to facilitate the request.
"The chief executive of Correctional Services is in a position to assess the risk and marshall security in a way I can't."
The court heard Focarelli lodged a request with Correctional Services yesterday to attend the funeral.
His lawyer, David Edwardson, QC, said he expected an outcome to that application this afternoon.
Focarelli remains in the Royal Adelaide Hospital, where he is recovering from an assassination attempt during which he received four gunshot wounds, including one to his head.
His son Giovanni, 22, was killed in the same incident on January 29.
Mr Edwardson said it "seemed implicit" that Focarelli not his son was the target of the attack.
Kos Lesses, prosecuting, said police believed there would be further conflict among Adelaide's outlaw gxxgs and that Focarelli could be involved.
"He is a potential protagonist and a potential target," Mr Lesses said.
"Regarding the shooting incident, police intelligence suggests it was part of an ongoing rivalry between unlawful motorcycle clubs."
Mr Lesses said the nature of phone calls between Focarelli and close friend and business partner Michael Sfyris was also cause for concern.
Current bail agreements signed by Focarelli and Sfyris who are jointly charged over a brawl at the Highway Hotel on Melbourne Cup Day restrict them from communicating except for the purpose of their business, tattoo parlour Ink Central. The documents were signed late last year but since then it is believed the Finks have taken control of the Hindley St business.
Police allege Sfyris called Focarelli from Yatala Labour Prison throughout December and January to discuss an uprising of their former street gang New Boyz.
The group had been affiliated with the Comancheros Outlaw Motorcycle Gxxg for some months prior.
"They were recorded to say they were building a stronger New Boyz and be riding Ducatis, not Harley Davidsons, to get back to their supposed European roots," Mr Lesses said.
Mr Lesses alleged they also discussed the removal of tattoos and converting to Islam to be part of the New Boyz.
http://www.heraldsun.com.au/news/breaking-news/vince-focarelli-denied-bail-to-attend-the-funeral-of-his-son-giovanni/story-e6frf7jx-1226266909041
