whufc wrote:Can you copy the whole article please?
A group of men charged over gathering with bikies should have their cases dismissed because they were at a Serbian Orthodox funeral and to pursue them would be religious discrimination, a court has heard.
Two men also had to ask for permission to attend a football club presentation because they are barred from having contact with other Finks members.
David John Anderson, 47, of Paralowie and Timothy John Byrne, 28, of Andrews Farm, appeared in Adelaide Magistrates Court on Tuesday charged with two counts of being present with two of more criminal organisation participants.
Daniel Beau Cotton, 41, of Munno Para, Dale Keith McCarthy, 37, of Summertown and David Graham Thompson, 45, of Elizabeth, have each been charged with one count, while Raffaele Daniel Marrone, 41, of Virginia, has been charged with three counts.
Thompson and Cotton are allegedly involved with the Finks and are prevented from having contact with other gang members by their bail agreements.
Eastern Park Football Club coach David Graham Thompson. Picture: Eastern Park Football Club Facebook
Eastern Park Football Club coach David Graham Thompson. Picture: Eastern Park Football Club Facebook
The lawyer for Byrne, Anderson and Marrone told the court his clients had been at a Serbian Orthodox funeral to practice their religious beliefs and that charging them was in contravention of sections of the Australian Constitution that guarantee freedom of religion.
The court heard coronavirus restrictions prevented the men being indoors.
He said their cases should be dismissed without penalty.
However police prosecutor Ashley Thomas said the charges did not relate to their attendance at the funeral or cemetery but alleged behaviour “on the streets of the western suburbs” and “not anything that had anything to do with the actual religious ceremony”.
Thompson and Cotton’s lawyer said the pair were involved with the Eastern Park Football Club at Elizabeth – Thompson as president and senior coach and Cotton as women’s and under 9s coach – and the bail agreements needed to be changed to allow them both to attend a club presentation on Saturday.
Magistrate Briony Kennewell allowed the variations.
McCarthy did not attend court.
The matter will return on Tuesday, September 29.
Posted: Tue Aug 11, 2020 9:32 am
