A Comanchero gang member has failed in his bid for freedom after a Supreme Court justice flagged his past had a “flavour of violence” and was concerned he could reoffend.
Jonathon Allan Oniele is accused of being among a group of three men who allegedly threatened staff and police at a pub in Pokolbin, in the Hunter Region, in November last year.
While Mr Oniele is not accused of carrying out any physical violence, Justice Richard Button said the applicant could still be found guilty by way of joint criminal enterprise.
Mr Oniele was arrested in Kurri Kurri a month after the alleged incident.
He was charged with intimidating a police officer in the execution of their duty (without actual bodily harm), affray, failing to leave a licensed premises and being an excluded person who remained in the vicinity of a licensed premises.
Mr Oniele, who is a fully patched Comanchero, has the club’s name tattooed across the front of his scalp.
He appeared via video link in the NSW Supreme Court on Thursday. His barrister, Ben Clark, offered a $250,000 surety (relating to Mr Oniele’s home) for his client’s release, among other strict bail conditions such as a curfew.
Mr Clark told the court that Mr Oniele was not physically violent and was metres away when an alleged violent altercation unfolded between staff and another man, whom Mr Oniele was with.
“I understand what you say about joint criminal enterprise, but there doesn’t seem to be any planning of such,” Mr Clark said, referring to the CCTV footage tendered in court.
“He (Mr Oniele) seems to walk away the minute after the act has occurred.
“But there’s no point in me trying to paint a rosier picture than what’s in his criminal record.”
Justice Button said while the footage did not show Mr Oniele “inflicting physical violence on anybody” he was in the company of another man who was accused of doing so.
“It did seem that when one of the other men (allegedly) inflicted violence on the staff that the applicant placed his arm around the shoulders of that man,” he told the court.
“All three men arrived together, advanced together and departed together.”
Justice Button also referred to two alleged altercations, one at the entrance of the venue and another inside.
“The concern is the flavour oxjmtzywf violence in Mr Oniele’s past,” he told the court when handing down his decision.
“I also accept this man has significant ties in the community.
“After observing the CCTV (I can see) this was an act of futile violence.”
Justice Button refused Mr Oniele’s bail application.
The matter will return to court at a later date.
