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 Biker's bail plea to be with ill father

Melanie Pilling

11Apr08

FINKS bikie Nick 'The Knife' Forbes desperately wants to be released on bail so he can spend time with his terminally ill father.

Mr Forbes' father has lung cancer and less than five months to live but that did not stop him nor his wife, who has a serious heart condition, from lighting up cigarettes the moment they left the court building yesterday.

For almost two hours, Mr Forbes' solicitor Bill Potts told the Southport Magistrates Court of the 'human tragedy' of Mr Forbes' incarceration while both his parents suffer with severe illnesses.

Mr Forbes, a 38-year-old father-of-two, is accused of leading a gang on a violent rampage through Broadbeach Mall, randomly assaulting up to six 'innocent' young men in separate unprovoked attacks on January 20.

At the time of the alleged attack, Mr Forbes was on Supreme Court bail charged with attempted murder after a shootout between rival motorcycle clubs the Hells Angels and Finks at Royal Pines Resort in March 2006.

Yesterday, during Mr Forbes' bail application, Mr Potts conceded Mr Forbes could be identified in security footage which captured the alleged attack in Broadbeach, but he said the 'extreme' family circumstances should see him released from custody.

Mr Potts told the court Mr Forbes' father Stephen Wilson had been diagnosed with cancer six weeks ago.

He said Mr Wilson was so ill he could not visit his son in Woodford prison, near Caboolture.

He said if Mr Forbes was remanded in custody and his father died, he would not be able to attend the funeral unless he personally paid for prison guards and a prison van to get him there, which would cost about $10,000.

"The situation is the defendant's father ... is facing a death sentence. He has unfortunately contracted a severe form of cancer," said Mr Potts.

"Death is imminent. One would have to be made of stone not to empathise with the defendant."

Mr Potts suggested magistrate Michael O'Driscoll impose strict bail conditions, which amounted to home detention.

"I have been given strict instructions by his mother ... that if their son breached any of the conditions they personally would inform police immediately," he said.

Mr Forbes sat in the dock looking concerned for his parents, particularly his mother Chris Wilson who had to leave the court coughing.

Police prosecutor Senior Sergeant Lavonda Maloy opposed bail and argued Mr Forbes had shown little respect for bail by committing further offences.

She said the prosecution case was 'overwhelming'.

"The defendant was facing a charge of attempted murder and the defendant continues to commit serious violent offences against the community," said Sen-Sgt Maloy.

"This was a violent, dangerous and completely callous attack with no regard for civil liberties.

"The courts need to send a message to the community that this kind of behaviour is completely unacceptable."

Mr Potts said the Director of Public Prosecutions had since downgraded the attempted murder charge to two counts of assault occasioning bodily harm.

Mr O'Driscoll reserved his decision until today.

At the end of the bail application Mrs Wilson took her frustration out on the media, abusing The Bulletin for taking her photograph.

                                                                                                                                                      

 

 

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