Silver Sands Tavern brawl: Bikies charged over Mandurah pub fight set for ‘one of biggest trials WA has seen’

A group of bikies charged with taking part in a riot over an all-out pub brawl south of Perth are set for one of the biggest trials the State has ever seen, a court has been told. The violence in the front bar of the Silver Sands Tavern in Mandurah on the afternoon of January 14 in front of distressed staff and patrons allegedly involved pool cues, billiard balls and bar stools. It represented an “escalation” after “quite an increase in tensions between the Mongols and the Rebels” over the past 12 months, police prosecutor Trevor Atkins told Perth Magistrates Court on Thursday. It is understood Mongols members were already there when several Rebels walked in. Acting Inspector Atkins said it was Darren John Trainor, 35, who called his co-accused to attend. The others are: Matthew John Aris, 36, Kingi Pukawa Nukumai Barrett, 29, James Patrick Fisher, 29, Andrew Whetu Haenga, 26, Blake Jordan Osman, 30, Gareth James Penney, 33, Tyrone Jay Philp, 28, Kristopher Dean Sheppard, 34, Benjamin Dean Webb, 40, and David John Wilson, 36. They are all out on bail and attended court in person on Thursday for the third time over the melee, lining up before Chief Magistrate Steven Heath in a remarkable scene that spanned the whole width of the court room. All bar one of the accused is being represented by some of Perth’s most high-profile lawyers, Michael Tudori, Paul Holmes and Nick Scerri, who indicated not guilty pleas on behalf of their heavily-tattooed clients. Act Insp Atkins urged Mr Heath to elevate the case to the District Court, saying the offending was so serious — with no regard for community safety — the lower court wouldn’t be able to hand down a punishment in line with public expectations. “We’re not talking about a group of people who have got together. We’re talking about outlaws,” the senior cop said. “This is not just a club fight. This is the use of weapons in a riot situation.” Mr Tudori, however, said it was a two-sided “pub fight”. “It is not the position one group has attacked the other,” he said. The lawyers urged Mr Heath not to send the case to the District Court where several of the accused must go for additional, more serious charges. Mr Webb, Mr Wilson and Mr Philp are also charged with doing an act that likely endangered the life, health or safety of a person that same day, while Mr Trainor and Mr Barrett are accused of displaying a bikie gang insignia in a public place. The lawyers suggested it would be a waste of taxpayer resources to hold a District Court trial, with Mr Holmes telling The West Australian after the hearing that while he respected the court’s decision, his clients’ view was that a jury should not be impanelled “for a pub fight”. Mr Scerri warned it “could be one of the biggest trials in the history of the State” while Mr Tudori predicted the Director Public Prosecutions would downgrade the charge “to something everyone will accept” as the proceedings neared. In line with the bikie code, the victims refused to testify - and the absence of willing witnesses was why the DPP had gone with riot charges rather than assault, Mr Tudori said. The magistrate said he wanted to avoid two trials, so is sending the case to the District Court, with a committal mention slated for July 10. Mr Scerri urged Mr Heath to lift a strict bail condition that the accused not associate with each other, pointing out a trial would be more than two years away. He declined, but tweaked conditions for Mr Trainor and Mr Fisher to allow them to have contact during work hours for employment purposes. Joshua Roger Auguste, 31, also allegedly took part in the violence but is in custody facing a drug trafficking charge and also indicated a not guilty plea.