Gypsy Jokers Chris Martin, Jackson Namnik cleared of assault on Henare Manihera Tule
ABOUT 6’ 3” in the old measure and weighing 115kg in the new, Henare Manihera Tule cut an imposing and intimidating figure in anyone’s language.
But when three carloads of Gypsy Jokers turned up at his Gosnells home in July 2016, even the gigantic, baby-faced Maori knew that for once, his menacing size would not carry much weight.
The Jokers were particularly annoyed. Word on the street was that Tule knew what had happened to a stolen Harley Davidson motorbike belonging to one of their own, Jackson Namnik.
Henare Tule.Picture: Supplied
A bikie losing his motorbike is like a copper losing
his gun — they are trade tools that empower and
define — and in both cases, expulsion or punishment
follows.
In this particular case, the bike was not lost. More
like stolen. And the Jokers believed that if Tule
did not steal it, he knew who had.
A few nights earlier, Namnik had pushed his Harley
into a Caltex garage in Gosnells after a mechanical
breakdown. He decided to leave it there and pick it
up in the morning.
Tule would later tell detectives that he actually
found a Harley lying on its side in front of a
neighbour’s home. He said he locked it in his shed
for safekeeping.
He allowed two friends to take it away a couple of
days later. That was the last he saw of the Harley,
he said.
But when the Jokers turned up a few hours later,
they were not convinced. According to Tule, they
screamed abuse, pushed and punched the big man and
demanded to know where the Harley was, along with
the names of the Tule’s mysterious friends who had
supposedly taken the Harley.
According to Tule, one of the 12 or so men then put
a knife to his throat and told him that if he did
not tell them where the motorbike was, he was a dead
man.
Tule’s partner, Rachel Agnew, was nothing short of
petrified.
The couple were told by the mob they had a deadline
of “later that night” to deliver before they
abruptly left.
A few days later, a brick came hurtling through the
front window of their house.
Then on August 3, two men, who police claim were
Namnik and fellow Joker Chris Martin, turned up at
Tule’s house unannounced.
According to Tule, Martin and Namnik searched the
property again before Martin told Tule to “give your
wife a kiss goodbye” because if he was lying about
the whereabouts of Namnik’s Harley, he would not be
coming home. Tule says he then asked where they were
going.
He was told “the bar”. When the Kiwi asked where
that was, they said he didn’t need to know.
Tule claimed he was then driven to the Gypsy Jokers’
Maddington headquarters in Lower Park Road. As the
heavily fortified compound opened after Namnik
pushed a buzzer, Tule would have no doubt read the
unmissable motto painted on the sliding gate: “Joke
with the Joker and the joke’s on you”.
According to Tule, when the car came to a halt at
the back of the building, four more men came out to
meet them. They were carrying two steel poles, a
wooden bat and a steel baseball bat.
Tule told detectives he was then bashed senseless,
hit in the head with weapons and fists “at least 20
times”. Every time he tried to talk, he was told to
shut up.
When the beating stopped, one of the men, who was
wearing a baseball cap with a star stitched onto it,
gave Tule some clear instructions.
“You’ve got a deadline of tomorrow,” star man told
Tule. “If it’s not here then we’re going to put you
in a box with your ass up to your face. Then we’re
going to get your missus and your kids and kill
them, too ... no c--- is safe.”
Battered and bruised, Tule said he was then put back
in the car with Namnik, Martin and star man.
As they were leaving, Tule told police he saw a
handgun being given to one of the Jokers who stayed
at the clubhouse.
Seeing what Tule had seen, Tule claimed star man
then said to him; “If you saw anything, I’ll f---ing
kill you.”
They drove for a bit before Tule said he was then
told to get out of the car at a spot some distance
from his home.
The car did a U-turn, according to Tule, and then
came back at him at speed.
He had to dive out of the way to avoid being run
over. He told police he heard laughter as the car
sped past.
By the time Tule got home, police were waiting. His
partner was worried sick he was not coming back.
It wasn’t long before the pair realised the safest
place for them may well be as far away from WA as
possible.
Keen to get any conviction against the Jokers —
whose infamous connection to recently released bikie
supergrass Sid “Snot” Reid, the 2001 Don Hancock
assassination and the unsolved Ora Banda murder of
Joker Billy Grierson made them a highly feared WA
brand — detectives began investigating Tule’s
claims. They took three statements from him and a
statement from his partner Agnew that corroborated
Tule’s key allegations against Martin and Namnik.
They then found CCTV footage (see above) taken at
the Caltex garage the night the Harley was stolen,
with Namnik clearly visible as he wheeled his bike
into the Corfield Street service station, kicked
down the stand, and left it.
What was not clearly visible was the shadowy figure
captured some hours later pushing the bike away from
the camera and on to the nearby street.
As the footage was dark and grainy, it was
impossible for detectives to conclude Tule was
indeed the thief.
Nonetheless, believing they had enough evidence to
convict the two Jokers, detectives charged Martin
with threatening to kill Tule — relating to Martin’s
ominous “kiss your wife goodbye” line — and both he
and Namnik with unlawfully detaining Tule, detaining
Tule with intent to gain a benefit and assaulting
Tule and causing him bodily harm.
They were facing serious jail time.
Enter Detective Sgt Todd White, a recognised expert
in the field of Outlaw Motor Cycle Gangs (OMCG’s, as
they are known in law enforcement circles) and the
Gypsy Jokers in particular.
As team leader within the Gang Crime Squad and
responsible for investigating all OMCG activities,
White’s knowledge of the gang’s history, culture,
constitution and laws, its patches and colours,
hierarchical structures, initiations, territoriality
and, of course, criminal activity, was second to
none.
Knowing that Tule and Agnew did not want to return
to WA to give evidence — the case would have
collapsed had they refused to take the stand — a
special witness application was made to the Supreme
Court to allow them to give evidence in Martin’s and
Namnik’s upcoming trial via video link.
The application, under section 106R of the Evidence
Act, was supported by two affidavits by the expert
Det-Sgt White. In both, he swore both key witnesses
were fearful of giving evidence against the Gypsy
Jokers for three reasons.
First, the Jokers had a reputation for violence and
revenge against those who they perceive to have
wronged them.
Second, the case had the potential to result in
immediate imprisonment for the accused and, third,
the witnesses “genuinely believed” their lives and
those of their families were at risk if they gave
evidence.
In his Agnew affidavit, White claimed he came to the
above conclusion “based on discussions between
myself and Agnew which took place throughout the
course of the investigation”. In his Tule affidavit,
he couched it in exact terms, substituting Tule’s
name for that of Agnew.
Problem was, White had no such discussions with the
witnesses during the Martin and Namnik
investigation.
Police from another country, where the pair now
live, spoke to the couple and then relayed reports
of their reluctance to return to WA to White.
This was enough for Martin’s lawyer, Gary Massey, to
argue in a then-suppressed pre-trial hearing that
White’s evidence should not be permitted.
He said it went to the heart of credibility and
honesty and showed White could not be an impartial
expert witness.
His evidence should not be admissible, Massey
argued.
In his 53-page finding handed down three days before
the trial began last month, Justice Fiannaca was
scathing of White, saying the detective had “lied”,
his “falsehood ... apt to mislead the court” in his
sworn affidavit.
However, he concluded that due to White’s background
and experience in dealing with the OMCGs, he could
be classified as an expert and that any evidence he
gave should be seen as “credible” and “reliable”.
He added that it would be preferable “for such
evidence to be given by an officer who is also
independent of the investigation” and provided clear
parameters as to what aspects of White’s evidence
should be allowed at the upcoming trial.
Under cross-examination, White denied he had
deliberately lied in his affidavit, saying that if
the Jokers knew where the couple were now living,
they could be put at significant risk.
However that excuse did not rate with Justice
Fiannaca.
“The truth ... could have been articulated without
identifying who or where those officers (who did
speak to Tule and Agnew) were,” the judge said.
“It (the affidavit) falsely stated that the
information came from discussions White had with the
witnesses”.
The detective’s “falsehood in the affidavit is
inexcusable and a matter of significant concern to
the court”.
Justice Fiannaca also said Tule and Agnew should
return to WA for the trial, but allowed them to give
evidence via a video link within the court precinct.
In other words — and much to the couple’s relief —
the pair did not have to eyeball the two Jokers
face-to-face.
When the trial began on May 7, Massey did not miss
his target.
He peppered White with constant references to his
two questionable affidavits, raising the credibility
issue as a key pillar to his client’s defence.
He and Namnik’s barrister, Benjamin Bullock,
attacked White over the dodgy affidavits.
They were relentless in leveraging White’s
“falsehood”, as the judge put it, to a jury ill at
ease with various aspects of the Crown, led by
veteran prosecutor Sean O’Sullivan, was dishing up
to them.
It worked.
Six days later, the jury returned its verdict — not
guilty on all charges.
The Jokers Martin and Namnik walked free.
The whereabouts of Jackson Namnik’s Harley Davidson
is still unknown.