Gypsy Joker refused to give evidence in Jandakot
September 2, 2010 - 5:38PM
Jokers president Lennard Kirby and associate
Michael Littlefair have been sentenced to 13
months and 18 months jail, respectively, for
contempt of court.
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.
Khai Nguyen Vo have been convicted of
endangering a person's life and are awaiting
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.
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
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.
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.
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
gunfire was exchanged between Mr Zuideveld
and Mr Vo, during which Mr Scilio was also
then escape to their car, footage shows,
with Mr Zuideveld following, still firing
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.
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.
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
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.
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
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