Bail denied for Zervas shooting accused

September 28, 2010 | The Age

Two Sydney brothers charged over the shooting of Hells Angel Peter Zervas have been denied bail because of previous convictions.

Richard and Christopher Fong were arrested at their Matraville home in Sydney's southeast on Monday, after a lengthy police investigation into the shooting of Mr Zervas in March 2009.

The brothers, alleged to be members of the Comanchero bikie gang, have been charged with conspiracy to murder and participating in a criminal group.

Prosecuting Sergeant Leah McGrath told Waverley Local Court on Tuesday that Richard Fong, 30, was on parole for offences including assault while attempting armed robbery at the time Mr Zervas was shot.

"He had previous convictions for indictable offences," she said.

"He has no regard for the law or for the order of the court."

His brother Chris, 26, also had previous offences, Sergeant McGrath said.

"There have been previous breaches of bail ... There is a history of violence."

She recommended that bail be refused for both men.

The brothers' lawyer, Patrick Conaghan, told the court a witness codenamed "SP" had provided police with information that led to their arrest on Monday.

SP had been called upon to give evidence over the death of Peter Zervas' brother Anthony, who died after he was bashed at Sydney Airport in March last year during a clash between rival bikie gangs, Mr Conaghan said.

Peter Zervas was shot multiple times while getting out of his car in front of his Lakemba home in southwest Sydney a week later but survived the attack.

SP was an unreliable witness because he had previously lied under oath in an attempt to disassociate himself from the Comancheros, Mr Conaghan said.

"SP is a former Comanchero member. As a result of assisting police he was given immunity to murder, or the murder charge was withdrawn," he said, referring to the death of Anthony Zervas.

He added that the prosecutor's case was weak because it was SP's evidence alone that had led to the Fong brothers being arrested.

"SP is a former Comanchero member," he said.

The court heard that SP had served nine months of a 18-month jail sentence over the airport brawl.

"The police are not being completely transparent with this matter. They have an informant, one that has been given a great benefit," Mr Conaghan said.

He also said the Fong brothers were not Comanchero bikie members, as alleged by police.

While both had been nominees, he acknowledged, they had handed in their colours.

However, Sergeant McGrath said bikie club colours had been found at their Matraville home during Monday's arrest.

Magistrate Jacqueline Milledge denied bail for both brothers.

"This has been a very complex, a very lengthy matter," she said.

In denying Richard Fong bail she said she had concerns for the protection of the witness, and that he was a flight risk.

He was ordered to reappear at Central Local Court via videolink on November 23.

Chris Fong was denied bail for similar reasons, and also ordered to reappear at Central Local Court via videolink on November 23.

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