Sunday, February 5, 2012
AUSTRALIA - Fink bikie Dylan Jessen visits shot Vince Focarelli at Royal Adelaide Hospital
OFF THE WIRE
2PM UPDATE: Fink bikie and former New Boy gang member Dylan Jessen has visited his former mentor and close friend, Vince Focarelli, in hospital.Jessen, who left Focarelli's gang to join the Finks, arrived at the Royal Adelaide Hospital just after 1pm and spent an hour with Focarelli, who is under police protection recovering from several gunshot wounds.
Focarelli was shot during an ambush at Dry Creek on Sunday night which left his son, Giovanni, 22, dead.
Jessen, 21, of Elizabeth East, told AdelaideNow earlier this week that he had not left the New Boys because he was scared.
"I didn't leave the New Boys because I was scared. I wanted to join the Finks because they are the toughest club in Adelaide," he said.
Jessen was fined $2000 last month for his role in a brawl involving Focarelli, his close associate Michael Sfyris and members of the Hells Angels last April outside Focarelli's Ink Central tattoo parlour in Hindley St.
The tattoo parlour was taken over by the Finks on Tuesday - 24 hours after Focarelli and his son were shot.
Jessen did not speak to the media when he left the RAH just before 2pm and drove away in a hired red Holden SS Commodore which he parked illegally. He received a parking ticket.
9:30AM UPDATE
Vince Focarelli is refusing police protection once he is released from hospital.
Police Commissioner Mal Hyde, who described the position as remarkable, said it was quite well known that Mr Focarelli had not been co-operative.
Mr Focarelli was shot and his son Giovanni killed in a shooting incident at Dry Creek on Sunday night. He is in the Royal Adelaide Hospital with a police guard but is expected to be released today.
Mr Hyde told ABC radio that police had been talking to him about what sort of security should, or could, be put in place after he was released.
"We have had some security at the hospital while he has been there," Mr Hyde said.
"That's as much about protecting the hospital as it is about protecting Mr Focarelli.
"But when he's released what does he need to do, what do we need to do.
"There are a number of options there and they have discussed with him.
"The advice I have got is he is not wanting to have any support at all from police. There is certainly a high risk that he will be subject to violence but he doesn't want any support.
"He doesn't want any support at all from the police."
Mr Hyde said that on one hand he found this remarkable but on the other he didn't "given the nature of these people - that it is part of the way they behave".
Mr Hyde said there was no single answer to getting behind the bikies wall of silence.
"A basic rule of law is that you are not required to incriminate yourself," he said.
"There are some exceptions.
"In NSW they have a law around failing to report serious offences. I have heard they have charged somebody out of these shootings in NSW for failing to report an offence.
"We haven't raised that possibility because my understanding is NSW is the only place that has got it and it is rarely used."
Mr Hyde said it was not something the police had raised with the Government but it is a possibility that could be explored.
"There is no one single answer," he said. "What you need to do is have a raft of laws that are going to address the problem."
EARLIER
POLICE have called for legislative reform to help them break down the code of secrecy within bikie groups.
Assistant Commissioner Tony Harrison said the code of silence created a barrier for investigations and police would welcome any reform to help them break it.
"We are continually frustrated by the wall of secrecy and any legislative reform that can assist us break down that wall of secrecy we would certainly welcome consideration of," he said.
"There is an offence for impeding a criminal investigation but we need to be able to demonstrate that somebody has, positively or pro-actively, undertaken some acts to actually interfere with advancement of an investigation."
Last night, shooting victim Vince Focarelli remained in Royal Adelaide Hospital, recovering from Sunday's ambush at Dry Creek which claimed the life of his son, Giovanni. The gxxg leader was expected to be released as soon as today.
No details have been released on his son's funeral.
Mr Harrison would not be drawn on exactly what legislative changes police wanted.
Attorney-General John Rau said a legislative package to be introduced to Parliament in the next couple of weeks would contain a range of proposals designed to break the code of silence.
Mr Rau said the legislation was focused on incentives to make people speak and the protection of witnesses, as opposed to compelling those believed to be involved in, or witnesses of criminal activity to answer police questions.
"I think the more practical focus for this particular debate is on encouraging other people and putting incentives in the hands of other people to give information they have," he said.
The proposals will include:
INCENTIVES for people already in prison who provide information that leads to a prosecution.
ADOPTING an initiative allowing evidence from frightened witnesses to be taken outside of court.
NEW bail conditions that will create a presumption against bail in more cases. Mr Rau said that the new package, together with legislation on incentives for guilty pleas that is yet to pass through Parliament, would encourage more people to cooperate.
Law Society of SA president Ralph Bonig said any legislative changes would need to be considered carefully.
"What you may need to consider are specific changes to existing legislation to enhance the powers which already exist,'' he said.
http://www.adelaidenow.com.au/news/south-australia/sa-police-want-laws-to-make-bikies-talk/story-e6frea83-1226260003209