Gangster’s defence
Drug-driving bikie says tough laws are to blame
THE younger brother of one of Australia’s most notorious crime bosses has blamed the state’s tough anti-consorting laws for his use of drugs.
Accused Villains street gang member Harley Barbaro also claimed the family of Liam Scorsese, a bikie associate shot by police, were forced to hold his funeral in shifts due to the laws.
Barbaro, who is the younger brother of Pasquale Barbaro, appeared in Southport Magistrates Court yesterday claiming the consorting laws caused him stress at the time of a close friend’s funeral.
Defence lawyer Campbell MacCallum, of Moloney MacCallum Abdelshahied Lawyers, said that stress led Barbaro to self-medicate.
“The catalyst seemed to be the passing of a good friend,” he said.
Barbaro, a builders labourer, pleaded guilty to drug-driving and possessing dangerous drugs. He was fined $400 and disqualified from driving for a month.
The anti-consorting laws make it illegal for a gang or bikie gang member to associate with two or more people who have been convicted of an indictable offence.
Barbaro is the first person in Queensland to have been charged under the anti-consorting laws. He is yet to enter a plea to six charges of illegal consorting and on Tuesday is expected to apply to have his bail conditions varied.
Mr MacCallum told the court Barbaro was close friends with Scorsese, a Comanchero associate who was shot dead by police in a stand-off in southern Brisbane in February.
Barbaro was caught by police on Ashmore Road, Bundall about 10.15pm on March 11, driving with ice and cannabis in his system and carrying two Xanax tablets.
“His (Scorsese’s) funeral was set the following day, my client was unable to socialise or meet with this person leading up to his death due to the consorting laws,” Mr MacCallum said.
He said Barbaro had abstained from drugs for a number of months before the incident.
Mr MacCallum said Barbaro was stressed because he was trying to organise the funeral and wake so that mourners associated with bikie gangs would not be caught up in the consorting laws.
“He had the Xanax tablets on him so he could ensure he could sleep the night before (the funeral).”
Mr MacCallum said Barbaro had told him he was no longer taking drugs of any kind.
Magistrate Mark Howden warned Barbaro he needed to stay out of trouble. Barbaro had no history of drink- or drug-driving.