BIKER BOYZ

Monday 30 May 2011

trial for six Comanchero bikies accused of murdering a man at Sydney Airport has heard their leader was provoked by the victim.


Opening the defence case for the Comancheros, Philip Dunn, the lawyer for their leader Mick Hawi, said Hawi's behaviour during the violent airport brawl was "a case of reactions - not actions".

He reminded the Supreme Court jury sitting at Parramatta that his client has pleaded not guilty.

Anthony Zervas, the 29-year-old brother of a Hells Angels bikie, was killed in the March 2009 fight.

The crown case is that Mr Zervas was chased before being bashed with metal bollards, stabbed and kicked.

The jurors have previously heard that the brawl started after a chance meeting between members of the rival clubs on a domestic flight from Melbourne.

But Mr Dunn said prosecutors have "started on the wrong track" because there is evidence that Mr Zervas ran at Hawi to try to attack him first.

Referring to witness accounts he said "one eyewitness varies to another".

The trial, before Justice Robert Allan Hulme, is expected to last six months.

Airport passengers and staff will be among the witnesses.

Comanchero bikies Hawi, Farres Abounader, Ishmail Eken, Zoran Kisacanin, Christian Menzies and Usama Potrus, have pleaded not guilty to murdering Mr Zervas.

Hells Angel David Padovan has pleaded not guilty to a charge of riot.


Victorian police say they are closing in on the gunman who shot dead a former bodyguard of convicted murderer Carl Williams 11 years ago.


They say they need one last piece of evidence to complete the jigsaw and on Sunday offered a big lure - $1 million for information leading to a conviction of the killer of career criminal Richard Mladenich.

Mladenich, 37, was shot at the Esquire Motel in St Kilda on May 16, 2000, in front of three people.

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The standover man's killer was a gunman who knocked on the door of room 18 before blasting Mladenich in the back of the head and strolling away.

A $100,000 reward was offered in December 2002 for information leading to an arrest and conviction.

Homicide Squad Detective Senior Sergeant Ron Iddles, who knew Mladenich when he worked the St Kilda beat in the 1980s, said the smallest piece of information could assist in solving the case.

He said there were people in the underworld who knew who pulled the trigger and he urged them to come forward.

"This investigation is like a jigsaw puzzle and we have the majority of pieces and know the direction we are going," he told reporters.

"We believe we know who is responsible for this crime and we're just short of a little bit of evidence."

Det Iddles said police had re-interviewed witnesses and associates of Mladenich.

He said Carl Williams, who was beaten to death in Barwon Prison in April last year, would have known who killed Mladenich.

"He would have known it was going to happen and would have known who was responsible," Det Iddles said.

Mladenich's brother Marc said he and his family wanted the murder solved so they could move on with their lives.

In a message to the killer, Mr Mladenich said: "Enjoy your time out, because your freedom is coming to an end."


Friday 27 May 2011

Six Comanchero bikies have denied murdering a man at Sydney Airport, with jurors hearing the victim was the first to attack in the fatal brawl.


Anthony Zervas, the brother of Hells Angel Peter Zervas, flicked the hood of his jacket over his face and ran towards the Comancheros. One of them then yelled "he's got a gun", defence barristers said in the NSW Supreme Court on Thursday.

Mr Zervas, 29, then came at Comanchero president Mahmoud Hawi, stabbing him with scissors or a knife, said Hawi's lawyer Philip Dunn, QC.

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He told the court the "big issue in the case" would be whether his client was entitled to defend himself.

"Did the Comanchero run down and attack the Hells Angels or did the Hells Angels move towards the Comanchero?" he said.

Hawi is standing trial for the murder of Mr Zervas in March 2009, along with fellow club members Farres Abounader, Ishmail Eken, Zoran Kisacanin, Christian Menzies and Usama Potrus.

A rival bikie, Hells Angel David Padovan, is charged with riot and affray but his barrister on Thursday said he acted in self-defence after being given "a really good belting".

All the men have pleaded not guilty.

Crown prosecutor Natalie Adams said in her opening address that Mr Zervas was kicked, punched, stabbed and hit with bollards after a chance encounter between gang members on a flight from Melbourne.

Both sides allegedly had called for reinforcements. Among them was Anthony Zervas, who had "nearly lethal amounts" of cocaine in his system, as well as methadone and alcohol, the court heard.

Mr Dunn said there was hostility between the clubs and "it is admitted words were said" between Hawi and Hells Angel president Derek Wainohu, who had been on the same plane.

A Qantas hostess said she saw a man, who she later identified as Hawi, pull his eyelid down and point to the pink of his eye, in a gesture towards another passenger.

The other man didn't react, she said.

A scuffle broke out at Gate 5 but it didn't last long and no one was injured, Mr Dunn said.

Moments later in the check-in area, the groups clashed again, this time fatally.

John Stratton, Menzies' lawyer, said his client "flatly denies" striking Mr Zervas with a bollard while lawyer James Trevallion said his client Abounader did not stab, punch or kick the victim.

Abounader also denied saying the words "I shanked him" as he fled the scene, the court heard.

Eken's barrister, Philip Young SC, said his client was "simply involved in a separate skirmish" and bolted when it ended.

Ron Driels, for Potrus, said the accused "didn't go in to fight" and expected evidence that he "was flattened, hit and knocked to the ground" before running away.

John Gordon, for Kisacanin, said there was no evidence his client was involved in any way with a knife, a knuckleduster or any other weapon.

"Who in their right mind would go to an airport to commit an offence of this nature?" he asked.

The trial, before Justice Robert Allan Hulme, is expected to last six months.


POLICEWOMAN associated with a high-ranking figure of the Hells Angels has escaped conviction for accessing the force’s LEAP database for personal reasons.


Constable Lauren Elissa Conte, 29, formerly of Linton, was found guilty of one charge of accessing information contrary to duty, while she was a police officer at Camperdown in 2009.

The Ballarat Magistrates Court heard Conte had accessed the Victoria Police Law Enforcement Assistance Program on October 2, 2009, to find out personal information, dossier and drivers licence and vehicle registration details of Kellie Jade Turner, an associate of Paul Joseph Peterson, the sergeant-at-arms of the Hells Angels’ Nomads bikie club.

Three charges of accessing information contrary to duty — two of which were regarding Mr Peterson and one Ms Turner — were withdrawn after the magistrate found no proven contact between the parties at the time of the alleged offences.

Sergeant analyst Ian Douglas of the ethical standards division gave evidence, telling the court that phone records showed Mr Peterson and Conte had texted or called 37 times between late October and mid-November 2009.

But he said Conte had also been communicating with another mobile number, which was registered to Mr Peterson’s neighbour’s address.

The prosecution alleged Mr Peterson was using the phone, and that the pair had texted and called a further 141 times between late September and mid-October, and were in contact when Conte accessed confidential information regarding Ms Turner using the LEAP system on October 2.

Crown prosecutor Bob Johnson said the pair had likely commenced a personal relationship when Conte was stationed at Greensborough, which was where Mr Peterson was required to report as part of bail conditions while awaiting trial in August 2007.

Defence barrister Neil Hutton said Conte, who was transferred to Camperdown in mid-2008, was a lonely girl in a small country town and had been intrigued by Mr Peterson. He said the relationship may have been “texty-flirty”. In his final submission, Mr Hutton said Conte had “wrecked her life in the police force” and had been personally embarrassed and humiliated by media coverage.


Monday 23 May 2011

Police have charged a 25-year-old Rock Machine bikie associate, Stefan Pahia Schmidt, with murder over the death of the New Zealand-born man, who plummeted up to eight metres out of the second-storey window of the Ocean Beach Hotel in Cottesloe,

The death of musician Andrew Marshall after he was allegedly thrown out of the window of a popular Perth pub has dealt another blow to a family already rocked by tragedy.

Police have charged a 25-year-old Rock Machine bikie associate, Stefan Pahia Schmidt, with murder over the death of the New Zealand-born man, who plummeted up to eight metres out of the second-storey window of the Ocean Beach Hotel in Cottesloe, striking the pavement.

Mr Marshall's cousin, New Zealand local government councillor Nikki Guy, said it was an added tragedy after the loss of her brother, who was allegedly gunned down in his driveway of his rural property, in the country's north island, on July 8 last year.


The window at the Ocean Beach Hotel where the man fell to his death. Photo: Paul Entwistle.
Scott Guy, a Fielding farmer, was killed while his pregnant wife Kylee and their toddler son were inside their home. After a nine-month investigation police last month arrested Mr Guy's brother-in-law, Ewen Macdonald, for the slaying.

Mr Macdonald has denied the murder charge and is due to face court again on May 26.

Ms Guy, a councillor for Palmerston North, said this morning that news of her cousin's death was tragic.


Andy Marshall ... allegedly hurled through a window.
"We found out yesterday morning. We were especially close and we all grew up together. He worked on the farm when he was younger too... it's a pretty difficult time for us all again."

She said Mr Marshall had been living in Perth for a couple of years, tiling roofs. He did not have a partner or children. No plans had yet been made for his funeral.

Friends left in mourning


Blood and glass litter the pavement outside the Ocean Beach Hotel after the fight. Photo: Channel Ten
Mr Schmidt appeared in Perth Magistrates Court today on one count of murder. He was remanded in custody to appear in the Stirling Gardens Magistrates Court on May 18.

His alleged victim was the drummer with local band Rich Widow and his bandmates left a tribute to their friend on the group's Facebook page yesterday, expressing their shock at how such an event could occur.

"Andy was always a joy to be around. He made friends of everyone he came into contact with, and seemed incapable of making an enemy," friend Brayden Edwards wrote.


Police want to speak to the two women who were seen talking to the victim.
"What happened last night was a shock to everyone that knew Andy. He seemed like the least likely and least deserving person to bear the brunt of such senseless aggression and violence.

"The details of how this happened, the plight of those responsible, and the broader concern about the stoic culture of violence in this country and this city are all secondary matters to us.

"Today we lost a brilliant drummer, an inspiring character and a close friend. Rest in Peace Andy Marshall. Keep on smiling!"


A popular location on Sunday afternoon ... the Ocean Beach Hotel in Cottesloe.
Bouncer 'links' to bikies

Detectives are also investigating whether bouncers at the pub allowed the Rock Machine bikie gang members access, despite management wishing to bar them, hours before Mr Marshall was killed.

Major crime detectives said Mr Schmidt was in the company of up five members of the bikie gang that night.

A witness told WAtoday.com.au that the bouncers were "friendly" with the gang members and had allowed them into the hotel once before.

Management refused to comment but they were reportedly concerned by the bikies' presence in the pub.

Acting Detective Superintendent David Bryson confirmed he had heard such reports and it was "something that we would have to look into".

A pool of blood and glass

After the fall, pub revellers rushed to help Mr Marshall, who was found in a pool of blood and broken glass and had suffered serious head and spinal wounds after striking the pavement.

He was treated at the scene before being taken to Sir Charles Gairdner Hospital in a critical condition, but died from his injuries in the early hours of yesterday morning.

Police were called to the popular Sunday drinking spot on Marine Parade in Cottesloe about 9pm, and after speaking to witnesses tracked down the man they believed responsible.

Acting Superintendent Bryson claimed the victim was "casually chatting" to two women shortly before an argument erupted between the gang and the man.

A different witness has claimed the man was punched before being thrown at the window. However acting Superintendent Bryson said police were still reviewing CCTV footage and were still trying to determine if more bikie gang members were involved.

"This is a case of a young man on a Sunday night out with his friends having a beer and simply being in the wrong place at the wrong time," he said.

"This young man did not provoke anyone, this is what we will allege, and he was simply grabbed and thrown through a level-two plate glass window, the drop from that window was approximately seven metres."

Police want to speak to the women who were seen talking to Mr Marshall.

One of the women was described as being Caucasian, in her mid to late 20s, with a slim build, about 160 centimetres tall with long blonde hair in a pony tail. She was wearing a yellow strapped top, three-quarter length leggings and stiletto heels.

The other woman was described as being tanned, in her late teens or early 20s, with a slim build and also about 160 centimetres tall with dark long hair. She was seen wearing a black top tucked into a green skirt.

Anyone with information is asked to phone Crime Stoppers on 1800 333 000.

Witness: 'It was a good time to leave'

One witness named "Craig" told radio 6PR he was at the Ocean Beach Hotel but left 10 minutes before the fatal window-push because he had a "gut-feeling" that it was a "good time to leave".

He said a group of about seven people aged in their mid-20s to mid-30s were dancing and having a good time on the pub's second floor when a second group of people entered.

"... when a particular group walked in  I didn't feel comfortable up there, so we left," he said.

"They were big people, they were very solid, a group of three blokes and a couple of females. They seemed very, very agitated."

Detective Superintendent Charlie Carver, of organised and serious crime, said it was concerning that innocent members of the public could become embroiled in fights with gang members at bars and hotels, since gangs "resort straight-up with violence".

"The Liquor Act does give [licencees] the power to bar them ... but the Rock Machine don't have a patch per se. They have a patch when they feel like it, they bring it out but they don't actually wear the patch every day of week," he said.

"They work on a series of rings and knowledge of their own membership, so that's generally how they work, so to identify them is very difficult."

Second attack at OBH

It is the second incident of someone going through a window at the pub, after a South Australian man was convicted last week of assaulting a patron by causing him to fall out of the lower storey window.

Matthew Angus Morran, 28, was found guilty by a Perth magistrate of assaulting Phillip McElhinney, 53, and causing him bodily harm.

The court heard how the victim was shoved, stumbling over chairs and out of the window of the hotel, suffering serious injuries, in October last year.

Morran was fined $4000 and court costs and granted a spent conviction.

Police defend pubs

Speaking on radio 6PR, Detective Superintendent Jim Migro, of the licensing enforcement division, defended the role of hotels in violent attacks.

"Most of the licensees out and about the state actually do do a pretty good job. Occasionally there are some who don't," he said.

"One of the biggest issues here, as I said before, is that a lot of the people who go to these pubs really have to start taking some accountability for the way that they behave and start to realise they have to be responsible adults and there's more to getting drunk and getting into fights."

He said current research showed that 75 per cent of all alcohol was sold through bottle shops.

"If people continue on this way, you could very, very well in the future get back to the total prohibition days and nobody wants that type of thing."


Sunday 22 May 2011

ROCK Machine bikie charged over the attempted murder of Rebels president Nick Martin has been brutally attacked in prison, stabbed in the neck with a broom.

ROCK Machine bikie charged over the attempted murder of Rebels president Nick Martin has been brutally attacked in prison, stabbed in the neck with a broom.

The 30-year-old man, who cannot be named for legal reasons, was seriously injured during a brawl at Casuarina Prison on Saturday afternoon.

A Department of Corrective Services spokeswoman last night confirmed the man had been wounded some time between 4pm and 5pm and had been taken to hospital for surgery.

It is not clear if the broom handle had been fashioned into a dagger-like weapon or if the bloody incident was captured on the jail’s closed circuit surveillance.

The violent stabbing attack is the latest flashpoint in an ongoing feud between the Rebels and rival bikie gang, the Rock Machine, in which a tattoo shop has been firebombed, bikies assaulted and a massive stash of explosives seized in recent months.

``Prison officers responded to an incident at Casuarina Prison,’’ the Corrective Services spokeswoman said.

``It is alleged the prisoner was assaulted with a broom and required surgery for his injuries.’’

``The prison and WA Police are reviewing the incident.’’

The injured man remains in a stable condition in hospital, but authorities said they could not confirm which hospital the man had been admitted to for security reasons.

A Department of Health spokeswoman said she could not confirm details about the injured man.

Sources say there is no doubt the assault is related to the bad blood between the Rebels and the Rock Machine bikie clubs.

The injured Rock Machine bikie stands charged with attempted murder of Mr Martin, wilfully destroying evidence and possessing an unlicensed firearm.

Police allege he went to Mr Martin's home in Attra Place, Balcatta just before 9.20pm on March 18 and fired a gun twice in a drive-by shooting.

One shot hit Mr Martin in the elbow while the second struck a motorcycle parked at the house. He was not seriously injured.

The accused then drove to Bicton, where he set a car on fire to destroy evidence, police allege.

Police have repeatedly warned that the Rebels and Rock Machine gangs are at loggerheads since the Rock Machine set up its national headquarters in WA about 18 months ago and a Rebels member who was removed from the club later joined the Rock Machine.

While police say the feud relates to a turf war over drug distribution networks, those close to the Rebels say the issue is not drug-related but merely a ``clash of personalities'' between members.

The Rebels, which has about 50 members and four clubhouses in WA, is Australia's biggest bikie gang. The Rock Machine, a Canadian-based gang, has about 20 known members and a clubhouse in Myaree.

Casuarina Prison is Perth’s main maximum security jail for male prisoners but also houses minimum and medium security inmates.


Friday 20 May 2011

THE son of the boss of the Hells Angels bikie gang was yesterday behind bars after he was found guilty of an elaborate criminal conspiracy.

THE son of the boss of the Hells Angels bikie gang was yesterday behind bars after he was found guilty of an elaborate criminal conspiracy.

A 12-member jury in the Downing Centre District Court yesterday found that Dallas Fitzgerald, 30, supervised the laundering of $20 million through Hong Kong.

The money was part of $150 million in superannuation funds stolen from JP Morgan on Christmas Eve in 2003. The jury found that Fitzgerald, the son of bikie boss Felix Lyle, was a key player in the scam, which was headed by Sydney underworld figure Tony Vincent.

Fitzgerald, who could face up to three years in jail, will reappear in court for sentencing on July 1.

He was refused bail because he was a flight risk and had been caught with fake identification with a different name, the prosecution said


Tuesday 10 May 2011

The lawyer for Finks bikie gang member Troy Mercanti has argued in the Supreme Court that his client should be immediately released from prison.



Mercanti's two year and four month sentence for assault ended last month but he is still behind bars over another charge.

Last year, a District Court judge sentenced Mercanti to four months jail for refusing to answer questions at an Australian Crime Commission inquiry in 2009.

The judge initially ordered that Mercanti could serve the two sentences together but the decision was later changed to have them served cumulatively.

Mercanti's lawyer Laurie Levy SC has argued that the decision was wrong and his client has done his time.

The Court of Appeal has reserved its decision.


WA police are reportedly investigating whether a bikie charged over the death of a New Zealand man at a popular Perth pub was allowed inside by bouncers against the wishes of management.


Bouncers let members of the Rock Machine outlaw bikie gang into the Ocean Beach Hotel, in Cottesloe, hours before 29-year-old Andrew Marshall was thrown from a second floor window, WA Today reported.

The news website reported the bouncers were allegedly "friendly" with the gang members, though management was concerned about their presence.

Mr Marshall was having a drink with friends on Sunday night when he was pushed through a plate glass window.

He fell 7m onto a footpath and died in hospital from head and spinal injuries.

A 25-year-old Rock Machine outlaw bikie gang member has been charged over the death, in what police are saying was an unprovoked attack.

"This is a case of a young man, on a Sunday night, out with his friends having a beer and simply being in the wrong place at the wrong time," Acting Detective Superintendent David Bryson said.

"This young man did not provoke anyone. This is what we'll allege. He was simply grabbed and thrown through a level-two plate glass window."

Chloe Boyce-Bacon, a patron at the pub when the incident occurred, told the New Zealand Herald it was "absolutely horrible".

"We were all having a good time and then all of a sudden everyone ran over to the window. There was broken glass everywhere and you could see him lying there on the ground," the 21-year-old New Zealander said.

"It was horrible, absolutely horrible ... Everyone was a wreck. People were screaming and crying everywhere."

The New Zealand Herald revealed Mr Marshall was a cousin of Scott Guy, a 31-year-old farmer who was shot in the throat in the driveway of his central North Island home last July.

His murder has grabbed headlines in New Zealand since in April police charged his apparently grieving brother-in-law, Ewen MacDonald, over the death.


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