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Bikie members found guilty of contempt

FINKS motorcycle gang members have been found guilty of contempt for refusing to answer questions about a vicious brawl at the Perth Motorplex, but have been given an opportunity to reconsider their position.

Senior Fink Stephen Wallace, Tristan Allbeury, Stephen Silvestro, Neil McCormack and Troy Smith were summonsed on 40 allegations of contempt, ranging from refusing to be sworn in to give evidence to insulting Len Roberts-Smith, QC, head of the Corruption and Crime Commission (CCC).

Silvestro was in hospital and did not appear with the others in the Perth District Court today.

A warrant for his arrest has been issued.

All five men had appeared before the CCC in November over a clash with rival gang the Coffin Cheaters at a Harley Davidson drag race event on October 3.

In court today a video was shown of the men refusing to give evidence during the CCC hearing.

When Wallace was asked repeatedly at the CCC hearing if he wanted to take an oath or an affirmation, he replied: "I don't understand."

Mr Roberts-Smith explained that Wallace had to take the oath or the affirmation to tell the truth.

"I don't know what the Bible is, mate," Wallace replied, slouching in his chair.
"I have nothing more to say."

Wallace told the commissioner his lawyer had told him that he did not have to participate.

"I'm telling you that you are obliged to participate," Mr Roberts-Smith said.

After several minutes Wallace finally took the affirmation but refused to answer any questions, replying with "no comment" to every question posed to him.

Smith and Silvestro both remained silent and would not even take the oath, slouching and swivelling in their chairs, and folding their arms in defiance.

McCormack told the commissioner he could not answer any questions, while a visibly agitated Allbeury told the lawyer asking questions and the commissioner to "get f*****" and "f*** off" more than a dozen times.

Chief Justice Wayne Martin found that the men had "failed to answer questions" that were important to the CCC's investigation.

He said Allbeury's foul language was also insulting to the commissioner.

"It was an abusive, derogatory and contemptive response," he said.

However, he said the men should be given the opportunity to reconsider their position and give evidence to the CCC.

The decision prompted Wallace to shout in the court, "I don't need to reconsider."

Chief Justice Martin ignored the outburst and ordered all the men to be detained in custody until January 21 when they will be sentenced if they do not cooperate with the CCC.

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