Bikies suspected of nightclub bashing begin trial

as posted here

* Joseph Sapienza
* January 27, 2009 - 3:46PM

Three members of the Gypsy Jokers motorcycle gang who allegedly bashed another man outside a Gosnells nightclub in 2007 began their trial in the WA District Court today.

The men - Dean Alan Adams, Peter Floyd Robinson and Gordon Edwin Rodgers - have been accused of intending to cause harm to as well as endangering the life of Petera Heta Haimona outside the Cactus Nightclub in the early hours of May 12, 2007.

State prosecutor James MacTaggart told the court that each of the accused inflicted several injuries on Mr Haimona by a "combination of kicking and punching" along with various objects such as a wheel brace, club and a piece of wood or metal approximately one metre in length.

"It was a brutal attack which occurred in a short amount of time," he said during his opening address.

"They punched, kicked or otherwise hit him with the objects I described with the intention to cause harm.

"His life, health and safety were likely to have been endangered during the attack."

The prosecution also put forward an alternative charge of grievous bodily harm because of Mr Haimona's injuries.

The court was told the attack occurred outside the nightclub in the car park a little before 4am when Mr Haimona - who was known as "Kiwi Pete" to nightclub staff - went to help out a friend who was involved in a scuffle.

He was later chased by the three accused as he moved up a flight of stairs leading to the club.

Mr MacTaggart said Robinson attempted to strike the victim with a club, but Mr Haimona kicked out at him, causing Robinson to fall down the stairs.

The court heard Rodgers and Adams then struck the victim with various objects.

Adams struck Mr Haimona "several times with a wheel brace to the head and upper body" and was also kicked in the head during the attack.

"It forced Mr Haimona to curl up on the ground to try to protect himself," Mr MacTaggart said.

"Mr Haimona was bleeding profusely from the wounds on his head and suffered bruising to his head and upper body."

He also suffered abrasions and swelling to his left ear, a swollen nose and skin abrasions to the back of his torso.

"The injuries were likely to cause permanent damage," Mr MacTaggart told the court before describing Robinson as the "main participant" in the suspected attack.

"(Also) the appearances of the men were consistent with those on the security footage.

"This was an undoubted attack for which there was no lawful excuse."

Rodgers' lawyer, Gary Massey, told the jury that although there was no denying the injuries suffered by the complainant, "what is in dispute however is whether or not Rodgers did it".

"You must try the case on the evidence and not let any feelings of prejudice and sympathy sway your decision," he said.

Jeremy Scudds - who is representing Adams - reminded the jury the "burden of proof" fell on the prosecution.

"Even reliable witnesses can be wrong," he said.

"The consistency in terms of appearance on the footage is not beyond reasonable doubt.

"It is a bogan's pub.

"There are a lot of goatees, beards and long hair at the Cactus Club - which would suggest many people who go there have very similar appearances."

Defence counsel for Robinson, Helen Prince, also raised doubts about the use of identification as evidence in the trial.

"The problem with identification is that honest people can be mistaken," she said.

He said her client had been at that pub the previous lunchtime.

The court was told he would call on witnesses during the trial to confirm that he was asleep at the time of the suspected attack "after a long day of drinking".

"Robinson's DNA was not found on any weapons the State is referring to," Ms Prince told the court.

"Ten days after the attack, police went to his house and he looked the same.

"Surely he would have been expected to change his appearance had he done it."

The trial, which is set down for a week before Judge Roger Macknay, continues.

as posted here