EX-BIKIE’S WIFE KEY TO STABBING CASE, SAY HIS LAWYERS
THE defence team of a former bikie wants to know if a millionaire businessman had sexual relations with their client’s wife.
Steven Edward Smith, a former Black Uhlan, is accused of stabbing Paul Picone with a knife during an altercation at Firth Park, Mudgeeraba, in August, 2018.
Smith allegedly accused Mr Picone during the attack of having sexual relations with his wife. His barrister Marty Longhurst yesterday told the Southport Magistrates Court it was necessary to determine if Smith’s claims were true as they could be used as a defence for the attack, such as provocation.
The court was yesterday told that Smith’s wife Carly accused Mr Picone of raping her in a separate complaint to police. Her allegations were investigated this year and no charges were laid.
Magistrate Kay Philipson ordered that the material and findings associated with that investigation be disclosed to Steven Smith’s legal team.
The court was told Mr Picone omitted from his statement to police Smith’s accusations of sexual relations with his wife during the alleged attack.
Mr Longhurst, instructed by Moloney MacCallum Abdelshahied Lawyers, said bystanders to the altercation reported hearing Smith making the accusations.
“While this alleged assault was taking place, my client was making a number of references to allegations of the complainant having sexual interaction with his wife,” Mr Longhurst said.
“The complainant doesn’t say anything about that in his statement whatsoever.
“If it’s the case that my client was operating under an apprehension, or had some knowledge of the truth of these allegations, there may be some defences before the court, mainly provocation.”
Police prosecutor Josie Salzman said the case against Smith was “extremely strong” and included DNA evidence on a knife.
She opposed disclosure of information from the investigation into Mrs Smith’s complaints because she said “it was not relevant.”
Steven Smith’s charges are due to return to the court on July 3.