OFF THE WIRE
Adelaide bikie Vince Focarelli will make another bid for bail after tests found no evidence linking him to drugs allegedly found in his car.
Focarelli, 37, is confined to a cell 23 hours a day in a maximum security prison wing after being charged with alleged bail breaches and an alleged drug offence following an ambush in Adelaide in which he was shot and his son killed in January.
Focarelli appeared in Adelaide Magistrates Court via video link on Tuesday where his lawyer, David Edwardson, QC, said testing had found no fingerprint or DNA evidence linking Focarelli to the drug allegedly found in his car.
The Crown is waiting for a final piece of evidence, due by next week.
Mr Edwardson told the court he will make another bail application for Focarelli soon after information about the final test is handed over.
Mr Edwardson reminded the court Focarelli had been in custody for two months and had repeatedly been denied bail.
Focarelli missed the funeral of his son, Giovanni, 22, because authorities were concerned there was a risk of an attack that could put Focarelli and the public at risk.
Focarelli was also shot in December and before that was the target of a failed bomb attack by two men linked to the Hells Angels - who both died when the bomb exploded early.
Police allegedly found 413 grams of the liquid drug butanediol in Focarelli's car after he and Giovanni were shot.
They arrested Focarelli in hospital, where he stayed for four weeks until he was moved to Yatala prison.
Focarelli has refused to co-operate with police and, before his hospital arrest, had spurned offers of police protection.
He will reappear in the court on April 20.
http://news.ninemsn.com.au/national/8449045/sa-bikie-focarelli-to-seek-bail-again
Focarelli, 37, is confined to a cell 23 hours a day in a maximum security prison wing after being charged with alleged bail breaches and an alleged drug offence following an ambush in Adelaide in which he was shot and his son killed in January.
Focarelli appeared in Adelaide Magistrates Court via video link on Tuesday where his lawyer, David Edwardson, QC, said testing had found no fingerprint or DNA evidence linking Focarelli to the drug allegedly found in his car.
The Crown is waiting for a final piece of evidence, due by next week.
Mr Edwardson told the court he will make another bail application for Focarelli soon after information about the final test is handed over.
Mr Edwardson reminded the court Focarelli had been in custody for two months and had repeatedly been denied bail.
Focarelli missed the funeral of his son, Giovanni, 22, because authorities were concerned there was a risk of an attack that could put Focarelli and the public at risk.
Focarelli was also shot in December and before that was the target of a failed bomb attack by two men linked to the Hells Angels - who both died when the bomb exploded early.
Police allegedly found 413 grams of the liquid drug butanediol in Focarelli's car after he and Giovanni were shot.
They arrested Focarelli in hospital, where he stayed for four weeks until he was moved to Yatala prison.
Focarelli has refused to co-operate with police and, before his hospital arrest, had spurned offers of police protection.
He will reappear in the court on April 20.
http://news.ninemsn.com.au/national/8449045/sa-bikie-focarelli-to-seek-bail-again
Shot Bandidos bikie Toby Mitchell avoids jail
BIKIE enforcer Toby Mitchell dodged a jail term today because he was unable to dodge five bullets in a street shooting last November. Despite having 10 prior convictions for driving while disqualified or while his licence was suspended Mitchell was handed two further suspended jail terms for similar charges.
Mitchell, who was shot by an unknown gunman outside the Bandidos Brunswick clubhouse, appeared in court with a walking stick and wearing a hoodie bearing the slogan "Taking care of business".
Prosecutor Sgt Geoff Adams told Melbourne Magistrates' Court that Mitchell, 37, had a complete disregard for the road laws and other road users and has never obeyed a period of disqualification.
"He has contempt for any court order in respect of his licence. He doesn't care about court orders," Sgt Adams said.
Magistrate Lance Martin said that ordinarily a person with Mitchell's driving record would be jailed and the only issue for him to consider was the injuries he sustained last year.
"Undeniably I can give sufficient weight to your medical issues," Mr Martin told Mitchell.
"It is within the exercise of the court's discretion to suspend your sentence."
The magistrate sentenced Mitchell to a total of three months in jail, wholly suspended for two years, fined him $400 and suspended his licence for six months.
Mitchell, pleaded guilty to two counts of driving while suspended, the incidents occurring in March and June last year and one count of driving an unroadworthy vehicle.
Defence lawyer Theo Magazis told the court that Mitchell is a now very different person to the previously super-fit kick boxer, weight lifter and fitness trainer.
Mr Magazis said Mitchell lost a kidney in the shooting, sustained serious liver damage and had ongoing physical and psychological injuries that required him to take powerful painkillers and antibiotics.
"We are talking about a man who from his early teens was a very strong, fit and motivated young man," Mr Magazis said.
"The need for general and specific deterrence needs to be balanced against his significant health issues."
Mitchell was shot in Weston St in front of horrified onlookers, including mums with their children, and staggered 100m before falling in the Barkly Square shopping centre carpark.
The shooter had climbed from a Ford Territory with stolen number plates before opening fire.
Mitchell, who was a champion kick boxer, has been described as the Bandido's sergeant-at-arms.
Mr Magazis said his client's life was only saved by emergency surgery at the Royal Melbourne Hospital and he was twice placed in an induced coma.
http://www.heraldsun.com.au/news/true-crime-scene/shot-bandidos-bikie-toby-mitchell-avoids-jail/story-fnat7dhc-1226322773069
Mitchell, who was shot by an unknown gunman outside the Bandidos Brunswick clubhouse, appeared in court with a walking stick and wearing a hoodie bearing the slogan "Taking care of business".
Prosecutor Sgt Geoff Adams told Melbourne Magistrates' Court that Mitchell, 37, had a complete disregard for the road laws and other road users and has never obeyed a period of disqualification.
"He has contempt for any court order in respect of his licence. He doesn't care about court orders," Sgt Adams said.
Magistrate Lance Martin said that ordinarily a person with Mitchell's driving record would be jailed and the only issue for him to consider was the injuries he sustained last year.
"Undeniably I can give sufficient weight to your medical issues," Mr Martin told Mitchell.
"It is within the exercise of the court's discretion to suspend your sentence."
The magistrate sentenced Mitchell to a total of three months in jail, wholly suspended for two years, fined him $400 and suspended his licence for six months.
Mitchell, pleaded guilty to two counts of driving while suspended, the incidents occurring in March and June last year and one count of driving an unroadworthy vehicle.
Defence lawyer Theo Magazis told the court that Mitchell is a now very different person to the previously super-fit kick boxer, weight lifter and fitness trainer.
Mr Magazis said Mitchell lost a kidney in the shooting, sustained serious liver damage and had ongoing physical and psychological injuries that required him to take powerful painkillers and antibiotics.
"We are talking about a man who from his early teens was a very strong, fit and motivated young man," Mr Magazis said.
"The need for general and specific deterrence needs to be balanced against his significant health issues."
Mitchell was shot in Weston St in front of horrified onlookers, including mums with their children, and staggered 100m before falling in the Barkly Square shopping centre carpark.
The shooter had climbed from a Ford Territory with stolen number plates before opening fire.
Mitchell, who was a champion kick boxer, has been described as the Bandido's sergeant-at-arms.
Mr Magazis said his client's life was only saved by emergency surgery at the Royal Melbourne Hospital and he was twice placed in an induced coma.
http://www.heraldsun.com.au/news/true-crime-scene/shot-bandidos-bikie-toby-mitchell-avoids-jail/story-fnat7dhc-1226322773069
