Anthony James Parry secured bail when prosecutors conceded police had failed to obtain supporting independent evidence to prove he was the Sergeant-at-Arms of the Rebels’ Yeppoon chapter in the more than three months since his arrest and incarceration.
Parry, 36, was dubbed the “crying bikie’’ after breaking down during a court appearance in January in which he told Queensland’s Chief Magistrate Tim Carmody he couldn’t stay in jail any longer having served just 14 days in custody without bail.
In what was the first test case of Queensland’s tough bikie laws, Parry appeared before Judge Carmody amid allegations the homeless Rockhampton man tried to extort money from a person by claiming he was a Rebel.
Prosecutor Jodie Wooldridge on Wednesday told the Brisbane Supreme Court the Crown would maintain its allegation Parry’s offence contravened the Vicious Lawless Association Disestablishment Act — meaning he faced a possible 25-year jail sentence if convicted.
Ms Wooldridge said it would be alleged Parry sent threatening mobile telephone text messages, including one in which he claimed to be a senior Rebels member.
However, Ms Wooldridge told the court police had not obtained any further evidence to support that allegation.
Barrister Callum Cassidy, for Parry, argued the Crown’s assertion his client was acting as a vicious lawless associate at the time could not be supported and would likely fail at trial.
He said as a result it was likely Parry would serve more time in jail — including solitary confinement — than the sentence he would receive when his extortion and obstruct police charges were finally bought to trial.
Justice Peter Applegarth agreed, granting Parry bail on condition a financial surety was provided, that he resided with his father and reported to police twice a week.
Justice Applegarth noted that so far police had failed to obtain any other independent evidence to support the allegation Parry was at any time a member or an associate of the Rebels.
He said the material before him suggested Parry was little more than a homeless man seeking to recoup a so-called financial debt via an arguably criminal enterprise.
“The prosecution has not brought forward any evidence to support the claim (Parry) is a vicious lawless associate,’’ he said.