Three northern suburbs Rebels Bikies to serve home detention for getting takeaway together

An Elizabeth Magistrate has sentenced a trio of confessed bikies to home detention – all because they didn’t wait in a car.

A trio of bikies will serve more than a month on home detention after a lift home from work and stop to get takeaway turned criminal – because they got out of the car.

Dylan John Garner, a “well respected” French Bulldog breeder, Michael John Mazzone, a courier and trained refrigeration mechanic, and Paul Gunter Sewekow, who suffers the after effects of a gunshot wound, all confessed to being Rebels members.

Each man was charged with one count of being present with two or more criminal organisation participants.

On Monday during sentencing in the Elizabeth Magistrates Court, Magistrate Jayne Basheer said she agreed with defence that the “serious offending” amounted to three men stopping for takeaway.

Rebels Motorcycle Club member Dylan John Garner, a registered puppy breeder, was sentenced for getting takeaway alongside other Rebel members. Picture: Supplied

“In the case of at least one of these men, but for hopping out of the car he wouldn’t even be here,” Ms Basheer said.

The court heard that around 8.30pm on January 25, 2023, the trio pulled into a carpark together to attend an Afghan takeaway shop in Elizabeth.

The stop was made on the way home from collecting Mazzone, 33 from Munno Para West, from work as he was not in possession of a driver’s license.

Garner, 36 from Evanston Gardens, got out of the car and ordered food for the group, before waiting while taking a seat inside.

A short time later, Sewekow, 56 from Evanston Gardens, entered the establishment to wait alongside Garner.

Rebels Motorcycle Club member Michael John Mazzone had requested a lift home from fellow club members before the group stopped to get takeaway. Picture: Supplied

After another short interval, Mazzone, who had been waiting in the car made the decision to wait inside the restaurant alongside his co-offenders – the catalyst for the offence.

The court heard that for the ten minutes they were at the restaurant, there was “no suggestion of conduct that would raise community concerns or a risk to the safety or welfare of the public”.

The men were not wearing club colours at the time of the offence.

The state legislation makes it an offence for Outlaw Motorcycle Gang (OMCG) members from Declared Criminal Organisations to associate in groups of three or more in public places.

The Rebels are one of the 10 Declared Criminal Organisations under the legislation.

Each man was found suitable to serve the sentence on home detention, and was ordered to spend six weeks obeying the conditions of strict home detention.

Ms Basheer also found a late notice application by the prosecution to bar the three men from associating with one another “must fail” as none of them had committed serious offending in the last two years.