Australasian Biker News
Lack of evidence sets Finks free
Melanie Pilling
13Mar08
THREE Finks bikie associates accused of a 'brutal pack assault' on a
nightclubber on Christmas Eve have all been released on bail.
Justin Jason Smith, 35, of Labrador, Cameron Robert James Swan, 26, of
Broadbeach, and Michael Bruce Krautner, 20, of Bundaberg, were all
released from the watchhouse yesterday after a Southport magistrate
ruled police did not have specific evidence as to who did what.
Police prosecutor Senior Constable Glen Whittle told Southport
Magistrates Court two of the men, Mr Smith and Mr Krautner, were seen
leaving the Berlin Bar in Surfers Paradise minutes after the alleged
attack 'covered in blood'.
He said their departure was captured on CCTV footage.
He said before they left they had helped Finks sergeant-at-arm Gregory
John Keating bash a 25-year-old male patron.
READ: Finks wannabe lost for words after arrest here
Sen-Const Whittle said Mr Keating and the three men got into a fight
earlier in the night with the club manager and bar staff and the
complainant had got in the middle to break it up.
Later, after the altercation had ended, the complainant tried to 'make
peace' with Mr Keating and shake his hand.
What ensued was a brutal attack where the 25-year-old man was punched
and kicked to the body, head and face by the four men, then stomped on
and finally glassed by Mr Keating, the court was told.
Sen-Const Whittle said the men also picked up metal poles and continued
to hit the complainant in the head.
The court was told the assault stopped when someone in the club called
out that police were coming.
"This was an assault, a pack assault," said Sen-Const Whittle. "They
have been involved in a protracted assault on the complainant where
weapons were used ... they are principal offenders."
Police opposed bail for Mr Smith and Mr Swan.
Sen-Const Whittle said the case against the men was strong with a
statement from the victim, CCTV footage and witnesses inside the club
identifying the men.
But solicitors Darren Mahony, for Mr Smith, and Steve Buchanan, for Mr
Swan, said the case against their clients was weak.
Mr Mahony said the allegation Mr Smith left the club with blood on his
shirt could 'equally be consistent with he, himself being assaulted'.
"There is nothing specific (with regards) to my client," said Mr Mahony.
Mr Buchanan echoed that argument saying Mr Swan admitted to being in the
club but was 'just a bystander'.
He said Mr Swan was not captured in the CCTV footage.
In regards to the allegation Mr Swan 'stomped, or attempted to stomp on
the complainants head while he was on the ground', Mr Buchanan said the
police evidence was weak.
"(Police) can't discern with any clarity as to whether there was any
contact or not," he said.
Bail was not opposed for Mr Krautner.
The trio will all reappear for review on March 20.