Australia - Lawyer makes emotional plea for bikies

OFF THE WIRE
Angie Raphael
 news.smh.com.au

A lawyer representing Finks motorcycle gang members and associates who were found guilty of contempt has made a submission to the presiding judge in Perth to consider the men's families before sentencing them to prison.Senior Fink Stephen Wallace, Tristan Allbeury, Stephen Silvestro, Troy Smith and Clovis Chikonga were summonsed to answer questions about a vicious brawl at the Perth Motorplex with rival gang the Coffin Cheaters on October 3 last year which left Silvestro and Smith with injuries.
All the men refused to speak to the Corruption and Crime Commission (CCC) and were charged with allegations of contempt ranging from refusing to be sworn in to give evidence, to insulting head of the CCC Len Roberts-Smith.
The men appeared before Chief Justice Wayne Martin on December 13, except for Silvestro who was in hospital and Chikonga who was later arrested.
Chief Justice Martin found the men guilty but said they should be given the opportunity to reconsider their position and give evidence to the CCC, which they all refused.
During submissions before sentencing on Friday, defence lawyer Sam Vandongen told the court the men had fears for their safety.
He said Chikonga had been in a car accident in December and was in hospital when police arrested him.
He suffered some memory loss and was in hospital for two weeks with head and spinal injuries, his lawyer said.
Mr Vandongen said Chikonga's guilty plea indicated remorse, a willingness to facilitate the course of justice and an acceptance of responsibility.
Prosecutor Sean O'Sullivan said if that were the case, it would be easy to "fix" the matter by giving evidence to the CCC.
Mr O'Sullivan said Chikonga had a "considerable" criminal history.
"He has simply no respect for the law," he said.
Mr Vandongen said Allbeury was "anxious" about being the father of a six-week-old baby and not being around to see his baby grow for a period if he was sentenced to prison.
He said Allbeury's mental health should also be considered because he was bipolar, had ADHD and suffered post-traumatic stress.
Mr Vandongen said Silvestro had not committed an offence in 18 years and was the father of six children for whom he had "loyalty and affection".
He said Silvestro's daughter was getting married in April and he was concerned about not being able to attend the wedding.
However, Mr O'Sullivan said Silvestro had "a relatively close association" with the Coffin Cheaters and the Finks that should not be ignored.
Mr O'Sullivan accepted that Smith had a "relatively minor" criminal record and had never been in custody before but said that did not excuse him.
Mr Vandongen said Smith was "a useful member of the community" who worked as a manager at a civil construction site in the Pilbara.
He said Smith had no recollection of the clash with the Coffin Cheaters.
However, Chief Justice Martin questioned why he could not have told the CCC that information under oath.
Wallace, who is also facing commonwealth charges, has had his case remanded until March 8.
A pre-sentence report has also been requested.
Chief Justice Martin reserved sentencing for the other men until February 4.