A probationary bikie involved in last year’s public fight on the Gold Coast is facing another month in solitary confinement.
A wannabe bikie who played a minor role in last year’s public brawl on the Gold Coast is facing a month in solitary confinement after pleading guilty to riot.
Andrew Clarke-Davis, 22, was a probationary Bandido when he acted as “rear guard” during the disturbance at a Gold Coast restaurant, a police prosecutor told Clarke-Davis’s sentencing hearing on Thursday.
CCTV footage played to the Brisbane Magistrates Court showed more than a dozen bikies enter the crowded Aura Tapas & Loungebar on September 27 and leave with two associates of a rival gang who had been dining there.
A fight can be seen erupting outside shortly afterwards.
The feud sparked the Newman government’s bikie crackdown, which included the introduction of strict legislation such as mandatory sentences of up to 25 years for serious crimes.
Police Prosecutor Sharon Carruthers said Clarke-Davis stood at the doorway to Aura, while the other Bandidos were in the restaurant, and was part of a large group that milled around outside after the fight.
She said the people who entered the restaurant aggravated the potential for violence to erupt and a custodial sentence of two months should be imposed.
Clarke-Davis, who pleaded guilty to riot and obstructing police, has already served 34 days’ in prison since his arrest.
His defence lawyer Andrew McGinness said any sentence should take into account the fact his client was confined to a cell for 23 hours per day under a prison policy targeting bikies.
“This man is serving time in solitary confinement which might be considered more inhumane than someone breaking rocks in a chain gang,” he said, later adding that his client had resigned from the Bandidos in October.
Brisbane Chief Magistrate Tim Carmody replied that if he reduced Clarke-Davis’s sentence it might expose the court to criticism for “reverse breaching” the separation of powers between the executive and the courts.
He reserved passing sentence until Monday.