Sarah Malik
news.ninemsn.com.au
Bikie gang boss Vincenzo Focarelli could be a "sitting duck" for further assassination attempts without bail, his lawyer says.
An Adelaide Magistrate has refused to release the self-appointed Comanchero leader, saying the decision will protect the public from further violence after a shooting ambush injured Focarelli and killed his 22-year-old son Giovanni on January 29.
Focarelli, 37, who is recovering from four gunshot wounds after the fourth failed attempt on his life, was arrested in hospital last Thursday for bail breaches and trafficking a controlled substance.
On Tuesday, Focarelli's lawyer Michael Edwardson, QC, sought bail in the Magistrate's Court, saying Focarelli was arrested on "dummy charges".
He said the police handling of the case was disingenuous and constituted an abuse of process.
Mr Edwardson said Focarelli was not a flight risk and would be a "sitting duck" if in custody.
"The best way to prevent harm to Mr Focarelli is to grant bail," he said.
Magistrate Robert Harrap disagreed.
He refused bail, saying Focarelli's offending while on bail for a prior affray charge was serious.
"I think there is a need to protect the community," Mr Harrap said.
The northern suburbs ambush and a spate of bikie-related shootings have raised concerns about a bikie war in Adelaide.
Police Prosecutor Eddie Collins said that if Mr Focarelli was released, more violent attacks could put the public at risk.
Sergeant Collins said police found 413 grams of the liquid drug Butanediol in the car Focarelli and his son were in after the shooting.
Focarelli is also charged with 11 breaches of bail for receiving phone calls from associate Michael Sfyris while Sfyris was in jail.
Mr Edwardson said the charges were "nonsense" and there was no evidence Focarelli intended to sell the drug.
"It is an absolute nonsense to suggest that these breaches amount to anything," he said.
Focarelli has refused to co-operate with police, but Mr Edwardson said it was his right to remain silent.
Mr Edwardson said he would seek to have the bail decision reviewed.
His matter will next be heard on 10 April.
