Former Gypsy Jokers president Lennard Kirby and associate Michael Littlefair have been sentenced to 13 months and 18 months jail, respectively, for contempt of court.
The Supreme Court today heard that Kirby and Littlefair refused to give evidence in a case about a drug-related shoot-out between two Vietnamese brothers and Kirby's friend Ben Zuideveld in Jandakot in May last year.
Zuideveld and Khai Nguyen Vo have been convicted of endangering a person's life and are awaiting sentencing.
Both were acquitted of the more serious charge of attempting to murder each other, while Dung "Steven" Nguyen Vo was also acquitted of attempting to pervert the course of justice by hiding his brother's gun.
During their trial, the Supreme Court heard Kirby and Littlefair were at Zuideveld's home on May 18 when the Vos came to the property armed with a gun and a taser to collect an "illegal package".
The bikie and his three mates, who included Alexandro Scilio and Enzo Gizzarone, were accused of being used as stand-over men by Zuideveld, who was also armed with a gun at the time.
Internal CCTV footage taken from Zuideveld's home showed Khai Vo was kept outside the home, standing at the open doorway with Mr Kirby, his brother was inside the study room with the three other men.
The footage showed Khai Vo pull a gun from his pants, which he fired three times, the second shot hitting Mr Kirby as he went to run inside the study.
Once inside, gunfire was exchanged between Mr Zuideveld and Mr Vo, during which Mr Scilio was also harmed.
The brothers then escape to their car, footage shows, with Mr Zuideveld following, still firing his gun.
Today Kirby and Littlefair's defence lawyers told Justice John McKechnie their clients refused to answer questions during a pre-trial because they had "genuine fears" for the safety of their families and themselves.
Littlefair's lawyer, Vesna Amidzic, said he had no faith that the system could protect him, his de facto partner or his son and daughter, who live with their mother.
Kirby's lawyer Gary Massey pointed out Kirby "was a victim of a shooting" and had three children, aged six months, four and seven.
Both men have been in custody since the shooting after having their parole revoked on previous charges.
Kirby is fighting the order, which would see him serve the remainder of his 13.5 years for drug charges in 2002. Littlefair is doing the same for robbery charges that would see him jailed until 2014.
Justice McKechnie said it was clear to him that Littlefair had used his family as "a smokescreen" for not giving evidence because he'd earlier testified that would make him "a dog".
Justice McKechnie said he needed to impose an 18 month immediate jail term to run concurrent with his current term of imprisonment because "this contempt was so serious and the need for general deterrence so strong" that it encouraged others to do their duty.
As to Kirby, Justice McKechnie accepted there was genuine belief that he feared for his safety since he had been shot, however he found that it was unreasonable since he was "voluntarily part of a club where there is violence".
He granted the former Gypsy Joker president a lesser jail term, also to run concurrent to his current jail sentence.
