Finks bikies David Anderson, Raffaele Marrone and Timothy Byrne found guilty of associating at a funeral

Three Finks bikies face potential jail time for mourning the loss of a fellow member at his funeral together after a magistrate didn’t buy their religious freedom defence.

Three bikies who were mourning the loss of a fellow member at his funeral have been found guilty of associating in public, after arguing they’re entitled to religious freedom.

David John Anderson, 49, Raffaele Daniel Marrone, 44, and Timothy John Byrne, 31, were found guilty of being present with two or more members of a criminal organisation.

Magistrate Roderick Jensen told the Adelaide Magistrates Court on Friday the trio were present at a fellow Finks bikie Boban Jokic’s Serbian Orthodox funeral on May 8, 2020.

The funeral started at Distinctive Funerals in West Hindmarsh and concluded at the Cheltenham cemetery.

“The group conversed as they lifted a banner reading ‘Finks world Rest in Peace Boban Jokic,” Mr Jensen said.

The court heard it was not disputed the men were members of the Finks outlaw motorcycle gang or they were present in a public setting together.

Timothy Byrne. Photo: Facebook

Raffaele Marrone. Photo: Facebook

Mr Anderson, of Paralowie, Mr Marrone, of Virginia, and Mr Byrne, of Tarpeena, stood trial earlier this month, arguing the court can’t define their religious beliefs.

Bede Elliot, for the men, argued during the trial that the charges were in contravention of sections of the Australian Constitution that guarantee freedom of religion.

Mr Elliot said there are multiple ways to establish a religion and it’s not up to the government or court to determine what is one.

“Religion is what you believe, what your conscience tells you that you should do,” he said.

However, Warwick Ambrose, intervenor for the Attorney-General’s Department, told the court there was no evidence that any type of religious ceremony happened at the funeral.

“There’s no given evidence that the gentlemen who attended this funeral believed in some religious spirituality,” he said.

Delivering his verdict, Mr Jensen said under current laws it was not necessary to determine whether the actions of the defendants were construed as engaging in religious practice.

He said CCTV of the funeral showed the men were knowingly present together and the charges were proved beyond reasonable doubt.

Under current SA law, a person found guilty of the offence must have a sentence of imprisonment imposed on them, which cannot be suspended unless there are exceptional circumstances.

Mr Elliot told the court he would be submitting there are exceptional circumstances for the men and the charges were adjourned until February.