Bikie sentenced for naked violence
A FINKS bikie has been sentenced to 12 months in jail for the nude bashing of a watchhouse cellmate.
The shocking attack in the Southport Watchhouse was caught on internal CCTV cameras, showing Fink Kris Spizzirri returning from a shower and raining blows on cellmate Christopher Cairns, who had been lying under a blanket on his bed.
During the May 27 incident, Spizzirri’s towel fell to the floor but he continued to punch Cairns in the nude until spotted by watchhouse officers.
Cairns had been in lockdown, charged with the highrise murder of Tumara Cousins, who fell 31 storeys from a Beachcomber Resort apartment to his death on May 11.
It is understood Cousins had been a close family friend of Spizzirri’s, and he reacted with violence when he learned of his cellmate’s charge.
The watchhouse attack left Cairns with a cut eyebrow and facial bruising but he refused to lodge a complaint against his attacker.
Yesterday in the Southport Magistrates Court a handcuffed and shackled Cairns maintained his right to silence, refusing to take an oath in the witness box or give evidence.
‘‘I’m not talking to anyone, police, not no one,’’ he said.
‘‘I’ve got nothing to say . . . you’re just wasting your time, mate.’’
Spizzirri pleaded not guilty, and lawyer Adam Magill argued that despite the clear footage, the assault was not unlawful as Cairns had refused to make a formal complaint.
‘‘It is somewhat of a novel situation,’’ he said.
Police prosecutor Sergeant Glenn Whittle however said the footage showed Cairns holding his hands to his face and kicking out in defence against Spizzirri, proving beyond reasonable doubt that he did not consent to the attack.
Magistrate John Costanzo said the case was circumstantial and he was surprised to learn that watchhouse CCTV cameras were not equipped to record sound inside the cell.
‘‘Without any audio to put to this footage, aren’t I as much in the dark as Mr Cairns was u n d e r h i s blanket?’’ he said.
However, after consideration he found Cairns’ actions that day, rather than his silence in court, indicated his lack of consent beyond reasonable doubt.
Spizzirri was convicted of assault and sentenced to 12 months’ jail, suspended after serving six months.
He will return to court next month on unrelated drugs charges.
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