"Not trial by speculation and suspicion" ... Scott Orrock  leaves court.

"Not trial by speculation and suspicion" ... Scott Orrock leaves court. Photo: Paul Bibby

The attempt to link the alleged torching of a police paddy wagon by a former bikie boss to the gang violence plaguing Sydney is "trial by speculation and suspicion" a Supreme Court judge has declared during a review of the man's bail application today.

Scott Allan Orrock allegedly set a police van alight outside his tattoo parlor, Skin Deep Tattoo Studio, on King Street, Newtown, in the early hours of April 21.

Mr Orrock, 47, who left the Nomads and is now associated with the Hells Angels bikie club, had allegedly argued with the police before the fire, telling them their continued presence was making him and his family a target.

He allegedly told police to "f------ move it [the vehicle] right away or otherwise I will burn it down."

After initially being refused bail, Mr Orrock was released on a $10,000 surety by Central Local Court last week.

The decision sparked an angry reaction from police and NSW Premier Barry O'Farrell, who described it as a "kick in the guts to the community" and accused the judiciary of living in a bubble.

"It is about time members of the judiciary stopped living in a parallel universe and understood that Sydney is in the midst of a serious bikie-gang war and when police are doing everything to arrest these thugs, they deserve support," he said.

Following the comments, the Director of Public Prosecutions applied for a review of the bail decision, arguing that Mr Orrock should remain in jail until he is found innocent or guilty a trial.

But during that review in the Supreme Court today, Justice Peter Garling strongly criticised Crown prosecutor Jose Crespo for attempting to again link Mr Orrick's alleged crime to the violent gang activity plaguing Sydney.

Mr Crespo said the alleged torching had put the community at risk and "there has been a series of shootings and other incidents in public streets in Sydney", which "threatened law and order in NSW".

Justice Garling described this as "just speculation and grandstanding".

"You have told me about some shootings with no connection to this applicant. This is not trial by speculation and suspicion, Mr Crespo."

Justice Garling elected to reserve his decision on the bail application until next Tuesday.