OFF THE WIRE
Senior Finks motorcycle gxxg member Troy Mercanti has been refused bail over charges that he repeatedly beat his partner in front of their two children and humiliated her by making her stand naked on the front lawn of their home.
Mr Mercanti today appeared in the Perth Magistrates Court via video link from Casuarina Prison.
He wore a chest catheter that helps cleanse his blood, as he continues to undergo dialysis to treat kidney failure following his arrest by police on January 22.
Mr Mercanti's lawyer Laurie Levy QC told the court his client was not in need of a new kidney but did require dialysis three times a week, leaving him lethargic and likely to suffer depression among ongoing symptoms of the treatment.
Mr Levy said Mr Mercanti was "not going anywhere" and was of the belief his partner Tammy Kingdon was in police protection and had no idea where she was.
Ms Kingdon has a violence restraining order against Mr Mercanti, he said.
Mr Levy applied to Magistrate Paul Heaney for Mr Mercanti to be allowed to be an outpatient for the length of his medical treatment, while under home detention and a strict curfew.
Police prosecutor Sergeant Pete Smith, however, opposed bail, arguing Ms Kingdon had been punched and kicked to all parts of her body except her face for about 10 minutes on the morning of Christmas Day, while their two children were present.
Ms Kingdon had difficulty walking but later that day was called by Mr Mercanti and told to bring the children and join him at his mother's house where they were celebrating Christmas lunch, Sergeant Smith told the court.
Ms Kingdon arrived but within ten minutes Mr Mercanti flew into a rage and chased her around a car and managed to strike her once before she escaped into a garage, where he king hit her causing a tooth to fall out, Sergeant Smith said.
The court was told she was treated at Royal Perth Hospital but was required to go to a specialist dental clinic to have the tooth put back in.
The court heard Ms Kingdon had told police that after getting out of the shower having had an argument with her husband on October 30 of last year, Mr Mercanti punched her to the head and abdomen with both fists while she was still naked.
While trying to protect her head, Mr Mercanti kicked her to the abdomen which caused her to fall to the floor and she was then dragged outside the family home and told to stand naked on the front lawn, Sgt Smith said.
He said Ms Kingdon managed to flag down a car driven by a woman but Mr Mercanti told the driver to leave and Ms Kingdon was eventually treated for two fractured left ribs.
Earlier this month Ms Kingdon had to be also treated for four fractured left ribs after she was punched and kicked repeatedly to the point that she lost consciousness following an argument after a night out at a South Perth restaurant with friends, Sergeant Smith said.
Sergeant Smith argued that Mr Mercanti was a senior member of an outlaw motor cycle gxxg and had the ability to instruct other members to interfere with witnesses to the case. He also said Mr Mercanti was a possible flight risk.
Magistrate Heaney said given Mr Mercanti's violent history it would not be appropriate to grant bail.
"I have absolutely no confidence that the conditions of bail will be respected by Mr Mercanti as he has shown very little respect for the law," he said
He said he could not be satisfied that Mr Mercanti would not try and contact Ms Kingdon and interfere in the judicial process and the "best protection" the system could provide was not letting Mr Mercanti out of custody.
Mr Levy told the court he planned to appeal the decision.
http://www.smh.com.au/wa-news/mercanti-stays-behind-bars-as-best-protection-for-partner-20120202-1qv13.html
Ms Kingdon had difficulty walking but later that day was called by Mr Mercanti and told to bring the children and join him at his mother's house where they were celebrating Christmas lunch, Sergeant Smith told the court.
Ms Kingdon arrived but within ten minutes Mr Mercanti flew into a rage and chased her around a car and managed to strike her once before she escaped into a garage, where he king hit her causing a tooth to fall out, Sergeant Smith said.
The court was told she was treated at Royal Perth Hospital but was required to go to a specialist dental clinic to have the tooth put back in.
The court heard Ms Kingdon had told police that after getting out of the shower having had an argument with her husband on October 30 of last year, Mr Mercanti punched her to the head and abdomen with both fists while she was still naked.
While trying to protect her head, Mr Mercanti kicked her to the abdomen which caused her to fall to the floor and she was then dragged outside the family home and told to stand naked on the front lawn, Sgt Smith said.
He said Ms Kingdon managed to flag down a car driven by a woman but Mr Mercanti told the driver to leave and Ms Kingdon was eventually treated for two fractured left ribs.
Earlier this month Ms Kingdon had to be also treated for four fractured left ribs after she was punched and kicked repeatedly to the point that she lost consciousness following an argument after a night out at a South Perth restaurant with friends, Sergeant Smith said.
Sergeant Smith argued that Mr Mercanti was a senior member of an outlaw motor cycle gxxg and had the ability to instruct other members to interfere with witnesses to the case. He also said Mr Mercanti was a possible flight risk.
Magistrate Heaney said given Mr Mercanti's violent history it would not be appropriate to grant bail.
"I have absolutely no confidence that the conditions of bail will be respected by Mr Mercanti as he has shown very little respect for the law," he said
He said he could not be satisfied that Mr Mercanti would not try and contact Ms Kingdon and interfere in the judicial process and the "best protection" the system could provide was not letting Mr Mercanti out of custody.
Mr Levy told the court he planned to appeal the decision.
http://www.smh.com.au/wa-news/mercanti-stays-behind-bars-as-best-protection-for-partner-20120202-1qv13.html