Three acquitted of threat charge
THREE men have been acquitted of threatening an alleged gang member moments before a shooting.
Alleged Rebels bikie associates Kaine Bartels, TaeOok Kim and Fabian Nicholas Nemcek had all pleaded not guilty in the Southport Magistrates Court to one count each of threatening violence.
Magistrate Cameron McKenzie yesterday found there was not enough evidence to convict the trio of threatening to harm alleged Bandido Harley Cranston.
Bartels, Kim and Nemcek were accused of being part of a group of 10 men who chased Cranston, armed with a knife, through the Logan Hyperdome about 4.30pm on February 4. Minutes later, Cranston was holding a machete when he was shot in the leg. Alleged Rebels Logan chapter president Joshua Lucey has been charged with the shooting.
Magistrate McKenzie said while Bartels, Kim and Nemcek had admitted they were at the Hyperdome, it had not been proven they caused Cranston to fear he would be injured.
“The CCTV footage of Cranston shows he does step backwards but appears to be aggressive,” he said.
Magistrate McKenzie said Cranston then jumped off a walkway.
“He stops at a roundabout and appears to encourage others to engage,” he said.
Cranston then arms himself with a machete.
“This does raise the possibility of a consensual fight,” he said.
Magistrate McKenzie did say the footage was “concerning” especially seeing other shoppers retreat into the JB Hi-Fi to get away from the violence.
“That kind of conduct in a suburban shopping centre is simply unacceptable.”
Outside court, Howden Saggers Lawyers accredited specialist in criminal law Joe Wicking, who acted for Kim, said he was “extremely pleased” with the decision.
“The magistrate’s careful and deliberate consideration of evidence and application of the law resulted in a decision which, in my view, correctly identified the obvious deficiencies that have existed in the police case since the outset,” he said.
Nemcek’s lawyer Ashkan Tai, of Ashkan Tai Lawyers, said his client had spent more than 200 days in custody on the charges.
He said police were aware of the evidence but still remanded Nemcek in custody for the minor charge.
Nemcek pleaded guilty to four charges, including possessing weapons, for offences on February 8.
Magistrate McKenzie convicted and not further punished him.
The trio all applied to have their legal costs paid by police but Magistrate McKenzie rejected that application.