A GOLD Coast outlaw bikie gang member who admitted jumping on top a fellow biker who had been shot and then bashing him tried today to convince a court he was in fact attempting to save his life.
Ahmet Dogan appeared in the Brisbane District Court this morning for sentence after pleading guilty this week to assaulting Mark Allan Ashworth and causing him bodily harm at their Rebels Outlaw Motorcycle gang clubhouse at Nerang, on the Gold Coast, on October 9, 2007.
Judge Leanne Clare was told Mr Dogan, 41, pinned Mr Ashworth to the ground and punched him in the head after Mr Ashworth was shot in the leg by another gang member.
Prosecutor Michael Lehane said Mr Dogan continued to hold Mr Ashworth down and assault him while the man who fired the shot yelled "the next one is going in your f***ing head".
He said the attack occurred as another gang member, Jamie Ciardi, 35, was heard urging the shooter to "put another one", meaning a shot, into Mr Ashworth.
The court was told after the attack Mr Dogan then drove Mr Ashworth to a hospital, dropped him off outside, threatened him to never tell anyone about the attack, informed him he was no longer in the gang and then stole his utility.
Lawyers for Mr Dogan then told the court that while their client pleaded guilty to assaulting Mr Ashworth, he was in fact acting as a Good Samaritan and trying to save his life.
Barrister Cedwynn Toweell, for Mr Dogan, then went so far to suggest if his client had pleaded not guilty to the charge it was most likely a jury would have acquitted him of the offence.
To support his argument, Mr Toweell referred to the trial of Mr Dogan's co-accused, Shane Michael Oulds, 38, who was accused of shooting Mr Ashworth.
A Brisbane District Court jury deliberated less than 20-minutes, after a four-day trial, before yesterday finding Mr Oulds not guilty of one count each of assault causing Mr Ashworth grievous bodily harm with intent and bodily harm.
However, the Crown had earlier pointed out fellow gang member Ciardi received nine-months probation when he was sentenced by district court Judge Kerry O'Brien in September last year after pleading guilty to assaulting Mr Ashworth and causing him bodily harm.
Judge Clare said it was inconceivable that Mr Dogan would enter a plea of guilty to any offence, especially if the events the defence claim to have occurred actually did happen that is was trying to save his life.
Mr Lehane said that it is clear from the submissions made that Mr Dogan had been given incorrect legal advice and as such should be allowed to withdraw his guilty plea.
Judge Clare allowed Mr Dogan to vacate his guilty plea and ordered the matter be remanded for the purpose of a trial listing.