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Monday, April 23, 2012

AUSTRALIA - Magistrate questions access to jailed bikie

OFF THE WIRE
A SOUTH Australian magistrate has attacked the Correctional Services department for denying jailed bikie gxxg boss Vincenzo Focarelli access to his lawyers. Susan O'Connor yesterday questioned whether jail operators were following due process after Focarelli's lawyer Stacey Carter claimed she was not given access to her client ahead of his court hearings.
Ms O'Connor said the allegations were so serious they should be taken up with Correctional Services Minister Jennifer Rankine.
"That can't possibly be due process," she said.
"This is a serious matter. If Mr Focarelli is under a management regime which keeps him secured away from everyone for 23 hours a day, you would think there would be adequate access for his solicitor to at least (see him).
"It may be a matter for you to go directly to the minister."
Focerelli's lawyer David Edwardson, QC, told the court Ms Carter had made several appointments to see the bikie kingpin, who is on remand in the state's highest security jail division because of fears he could be the target of a fifth attempt on his life.
He said those appointments were thwarted by the Corrections Department after they were "vetoed".
"(They are) standing in the way of him being able to get access to his advisers and that is just unacceptable," Mr Edwardson said.
Focarelli was placed in Yatala's maximum security G division following his arrest in January after a fourth attempt on his life, when his son Giovanni was shot and killed.
Police alleged at the time of the shooting Focarelli was in possession of a precursor to the date-rape drug GHB and had breached his bail conditions by contacting a fellow bikie while awaiting his court hearing for charges over an alleged brawl on Melbourne Cup Day.
Corrections chief executive Peter Severin defended his department, saying alternative meeting times had been offered to Focarelli's lawyers but they had declined the meetings.
"On a number of occassions we offered alternative bookings which did not meet with the availabilty of the lawyers," Mr Severin said.
"Both the judiciary and the legal profession can be absolutely assured that the department will not in any way hinder access to justice or in any way prevent prisoners from having access to their defence lawyers to prepare for their cases."
http://www.theaustralian.com.au/news/magistrate-questions-access-to-jailed-bikie/story-e6frg6n6-1226334812419