Three Comanchero bikies have been cleared of affray charges after a brief public stoush with a rival gang.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Sugimatatihuna Bernard Gabriel Mena, Taniela Fukaafolaniimoa Tai and Penaia Tuineau have been before the courts for months over the incident, which happened at the Southern Cross Club in Woden on January 18 last year.
Prosecutors alleged seven Comancheros intimidated four rival Nomads who were having dinner at the club, and a scuffle left one of the Nomads with a broken nose.
Former ACT Comanchero commander Pitasoni Ulavalu was among the men charged afterwards. He pleaded not guilty to affray and common assault, but died after he was stabbed in a violent brawl outside Kokomo's nightclub in Canberra city on July 19 before the hearing into the Woden matter could conclude.
A woman who was out for dinner with her family at the Southern Cross Club on January 18 told the ACT Magistrates Court in July this year that witnessing the confrontation was "quite intimidating".
"[I feared] we might be collateral damage in whatever might have been happening with that group of people," she said.
Comancheros Jaymie Leam Turner and Palei Samiu Maifelemi pleaded guilty to affray after the incident, and were fined and placed on good behaviour orders in February.
In sentencing the men, Magistrate Bernadette Boss described the incident as "childish and immature".
"It's reminiscent of the schoolyard, it really is," she said.
Prosecutors withdrew charges against a seventh man, New Zealander Sosefo Tu'uta Katoa, who is now facing deportation, but Mr Mena, Mr Tai and Mr Tuineau maintained their not guilty pleas.
READ MORE:
In court on Thursday, Magistrate Glenn Theakston found the trio not guilty of affray because there was not enough evidence to prove witnesses to the stoush would have feared for their safety.
"What in fact happened did not reach the level of [being] likely to cause a reasonable person to fear for their safety," Mr Theakston said.
The magistrate ordered that police pay Mr Mena and Mr Tuineau's legal fees.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
