A Rebels bikie who allegedly bashed two Finks and robbed them of their colours has failed to convince a magistrate there is insufficient evidence to prove the victims were actually in the rival gang, or that he was going to keep their clothing permanently.
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But Fakatounaulupe Ngata, known as Lupe Ngata, 35, has managed to have sections of evidence describing the bikie gang and possible motives thrown out of court, after arguing the police witness was not in a position to express expert opinions on the subject.
Ngata is facing two charges of aggravated robbery for the alleged bashing at a Belconnen shopping centre in October.
Ngata and two others, Kirk James Newman, 27, and Dean Reid, 26, are accused of confronting the men, assaulting them, stripping them of clothing bearing the Finks logo, and leaving them shirtless and bleeding.
The incident was captured on CCTV, and the trio were later arrested and brought before the ACT Magistrates Court.
But Ngata, represented by Ben Aulich and Associates, contested the prosecution's attempts to have him committed for trial in the ACT Supreme Court.
He alleged the prosecution's case against him was flawed in a number of ways, and that there was no reasonable prospect that he would be found guilty at trial.
The two Finks members have not given evidence of the bashing to police.
Ngata argued that without their evidence, there was nothing to prove they were actually members of the Finks.
He also argued that there was no evidence he wanted to deprive the pair of their Finks shirts permanently, an element of the charge that the prosecution must prove.
On Wednesday, Magistrate Peter Morrison rejected both of those arguments. He said it was open to a jury to use the CCTV and other evidence to make such findings.
Ngata also challenged large swathes of a police affidavit, which offered opinions on his motive for taking the clothing from the rival gang members. The police witness, from NSW Police, shared his thoughts on the structure, code, hierarchy, and operations of outlaw motorcycle gangs.
His lawyers argued the officer had given expert opinion evidence that he was not in a position to offer.
Mr Morrison agreed in part to that argument, ruling three paragraphs of the officer's affidavit inadmissable.
Other general observations made in the evidence were allowed.
Ngata was committed to stand trial in the ACT Supreme Court.
He will appear in the higher court next week.
Newman and Reid have already been committed to the Supreme Court.
