Former Bandido's bail application denied
EVERYONE else saw a tomahawk but a former Bandidos sergeant-at-arms says he was waving around "a Polynesian art piece" to defend himself.
Kenneth James Whittaker, 39, and Robert Charles Darmanin, 28, had been at a party together on the Sunshine Coast last month when they allegedly decided to steal a car from the Duporth Tavern car park at 3am on November 17 this year.
The car's owner was alerted to their actions and was allegedly "kicked and stomped" when he tried to stop them.
Six other people intervened in the commotion.
Barrister Scott Lynch told Brisbane Supreme Court during a bail application on Tuesday that Mr Whittaker only grabbed the "ornament" for self-defence after being beaten.
He said his client also was facing serious drug trafficking charges and the time in custody could not all be declared if he was detained.
Justice Peter Applegarth said Mr Whittaker had several hurdles to bail - noting he was on bail for trafficking when he allegedly committed the armed robbery with the tomahawk and he had been a bikie gang member which posed problems under new anti-bikie bail rules.
He said Mr Whittaker had a history of not respecting bail conditions or court orders.
The court heard Mr Whittaker had a lengthy criminal history.
He had previously been convicted, and sentenced to five years jail, for burning down the Rebels' Brisbane headquarters in retaliation for a roadside attack at Bribie Island in 2006.
Mr Whittaker claimed he had resigned from the Bandidos 18 months ago but Justice Applegarth said police found Bandidos apparel at his Morayfield home when he was arrested.
Justice Applegarth said he was not satisfied bail conditions would reduce the risk of Mr Whittaker reoffending and refused him bail.