Yandina 5 member Joshua Carew wins last-ditch bid for bail
- The Courier-Mail
- January 14, 2014
"I think the bailing of this individual demonstrates that the system works, that contrary to the hysterical rantings of some people the judiciary are free to make judgments as they always do," Mr Newman said.
"It just demonstrates what's really going on, that we have tough laws that are being administered by the judiciary in an independent way."
Mr Newman again urged bikie gang members to leave their gangs to avoid being caught out by the controversial bikie laws.
"Jail is a terrible place to be," Mr Newman said.
"Jail is ultimately about society's punishment for people who do the wrong thing.
"There's a very easy way forward for criminal gang members.
"This is it, this is what they have to do. Leave the gangs. Leave the state. Don't pedal your drugs in Queensland. Don't create misery in our communities."
Mr Newman said he was "over the crocodile tears".
"I want to see these individuals realise that under the law there's a huge amount of leniency or clemency that comes by actually providing real information to the CMC and the police on the criminal activities of the gangs," he said.
"Any individual who is arrested under these laws can actually avoid lengthy sentences by providing meaningful information about the manufacturing and distribution of drugs, about the extortion rackets, about even the murders that these gangs undertake. They can do that and avoid lengthy sentences.
"My message to them is get out. get out, leave the gangs and avoid going to jail for a lengthy period of time.
"Ultimately in less than three years time these laws can disappear from the statute books in Queensland because that's the intention of the government."
Earlier, The Courier-Mail reported a judge who released a man detained under anti-bikie laws believes the fear of further solitary confinement will keep the man from reoffending.
Joshua Carew, a member of the "Yandina Five", has won a last-ditch bid for release after a Supreme Court Judge granted him bail.
Carew, who was charged over a visit to the Yandina pub in the company of four relatives and friends linked to the Rebels bikie gang, was "not an unacceptable risk" of flight or reoffending before trial, Justice John Byrne found.
His family, who have not been in contact with him for a month, expressed relief outside the court.
In a published decision, Justice Byrne found prosecution case that Carew was seeking to be a participant of the Rebels "criminal organisation" at the time of the pub visit was "not irresistible".
The Judge found the "critical issue" at trial would be whether Carew, by being in company with the four other men, was a "participant" of the Rebels or merely socialising.
"At the Hotel, (Carew) engaged socially with (co-accused and Rebels members) Paul Lansdowne and Steven Smith," he wrote.
"Those men - one, an employer; the other, a brother-in-law - have significant, personal connections with (Carew) that are unrelated to their Rebels membership."
Carew's lawyer Robert Butler claimed he had never been a member or sought to join the Rebels, or attended club events.
Mr Butler said Carew had gone to the pub in the evening to deliver a pizza to Lansdowne, his partner in a Nambour pizza parlour, and another friend.
Carew won bail despite facing separate trafficking charges over an alleged Rebels "ice" racket.
He was arrested last March with almost $150,000 cash in his bedroom and "a 'tick list', apparently detailing several substantial illicit drug transactions," Justice Byrne noted.
Two other members of the Yandina Five, Lansdowne and Carew's brother-in-law Steven Smith, were also charged over the alleged drug ring, whose customers were said to be exclusively Rebels and members of other motorcycle clubs.
Carew's father-in-law Mike Smith was along with Lansdowne the primary target of the police investigation.
Justice Byrne pointed to the distinction between Carew's alleged involvement in the Rebels "as an organisation, as distinct from his involvement with people who coincidentally happened to be Rebels with whom he engaged for other reasons".
Carew previously received a suspended jail sentence for delivering two grams of cocaine to convicted supplier and then Hervey Bay Rebels president Adam McCrea in 2910.
Mr Butler told an earlier bail hearing that McCrea had ultimately broken Carew's arms in a vicious bashing.
A judge at sentencing warned him to realise how close he had come to "some very dangerous people and some very dangerous criminal activities".
Justice Byrne said that "despite that warning, it seems he then acted as banker, bookkeeper and warehouser in a Rebels-centric methyl amphetamine distribution enterprise".
However, to convict Carew for being in public in a group of three or more members of a criminal organisation - a new offence under anti-bikie laws - the prosecution would have to show at trial that "any striving for association with the 'organisation'" four months after the alleged trafficking ceased last July 4.
"The prosecution is not assured of success. Rather, the case presents as fairly arguable," Justice Byrne found.
Carew, the third of the Yandina Five to be granted bail, has been held in solitary confinement for all but four days he has spent in custody since last month.
Justice Byrne found that Carew's "anxiety not to return to solitary confinement is a substantial incentive not to committ offences" while on bail awaiting trial.
He will be released from Arthur Gorrie jail later today.