Pair jailed over bikie drug shootout
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From: AAP
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September 30, 2010 4:01PM
TWO men on opposing sides of a $50,000 drug debt shootout that left former Gypsy Joker president Lennard Kirby with bullet fragments in his lung have been sentenced to six years in jail.
Ben
Zuideveld and Khai Vo, both 31, were
sentenced in the Supreme Court in Perth
today over the gunfight at Zuideveld's
home in Jandakot last year.
A jury found Zuideveld and Vo guilty of
doing an act to endanger life but
acquitted them of attempted murder.
Vo's brother Dung Nguyen "Steven" Vo was acquitted of perverting the course of justice after allegations he hid his brother's gun.
The jury was told the two brothers had originally knocked on Zuideveld's door at 3am on May 18 and demanded money from a drug debt.
They returned to the house later that afternoon, where Zuideveld had assembled four other men in anticipation - Kirby, Michael Littlefair, Alexandro Scilio and Enzo Gizzarone.
Home security footage shows the brothers arguing with Zuideveld and later Kirby before Vo pulls a gun and fires at Kirby while his brother is assaulted inside the house.
Vo then enters the house and fires before the brothers run outside to their car while Zuideveld shoots at them from inside.
Justice
John McKechnie today sentenced Zuideveld
and Vo to six years' jail on the
endangering life charges, saying they
had gone to the scene armed and prepared
to use their weapons.
"It's not self defence, it's criminal
behaviour,'' Justice McKechnie said.
Each of the men was also sentenced to 18
months' jail for possessing firearms, to
be served concurrently with their
six-year sentences.
The pair, who sat beside each other in
the dock, will be eligible for parole in
four years.
"What we have is a drug deal that went
wrong, with many shots fired,'' Justice
McKechnie said.
He said people in the community were
sick and tired of "people like you
conducting drug deals'' with no regard
for the misery it caused people.
The court heard the shootout was over a
$50,000 drug debt.
Zuideveld was accused of trying to shoot
Vo, and Vo was accused of trying to kill
Kirby, Zuideveld's friend.
"You are both there for a drug deal, and
you knew something like this might
happen. That's why you were armed,''
Justice McKechnie told the pair.
"I find you had a gun readily to hand
and were quite prepared to use it, and
you did.''
Each of
the men was also sentenced to 18 months'
jail for possessing firearms, to be
served concurrently with their six-year
sentences.
The sentences for Zuideveld and Vo will
be backdated to the middle of last year
when they were taken into custody.