Finks bikies David Anderson, Raffaele Marrone and Timothy Byrne sentenced for associating at Boban Jokic’s funeral

Three Finks bikies have been sentenced for consorting at a funeral – their lawyer called it “disgraceful” but a magistrate said they knew the risks.

Three bikies were sentenced after associating with each other for less than a minute at a funeral – in what their lawyer described as a “disgraceful execution”.

David John Anderson, 49, Raffaele Daniel Marrone, 44, and Timothy John Byrne, 31, were stung with a consorting charge while grieving the loss of a close friend.

During the men’s trial, the Adelaide Magistrates Court heard the trio were present at 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 court heard the men conversed as they lifted a banner reading ‘Finks World Rest in Peace Boban Jokic’.

Timothy Byrne (left) David Anderson (centre) and Raffaele Marrone (right) photographed associating at the funeral together. Photo: Courts SA

Multiple Finks bikies lifting the banner. Photo: Courts SA

Finks bikies on motorcycles. Photo: Courts SA

Mr Anderson, of Paralowie, Mr Marrone, of Virginia, and Mr Byrne, of Tarpeena, were found guilty in November of being present with two or more members of a criminal organisation.

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

He later argued there were exceptional circumstances not to impose a prison sentence on the men.

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.

“A funeral is such a delicate type of thing – it’s about grief, mourning, loss, benevolence,” Mr Elliott said. “It’s part of the moral nature of human beings to attend a funeral.”

Mr Elliott said the men paid and organised the funeral for Mr Jokic and had calculated only 41 seconds of “inadvertent” contact between the men.

However on Monday, Magistrate Roderick Jensen determined exceptional circumstances had not been met by the men.

He said although the contact was fleeting the men were aware they could not form a group of more than two at the funeral and knew the risks.

Timothy Byrne was found guilty after trial of associating with members of the Finks outlaw motorcycle gang. Photo: Facebook

Raffaele Marrone is now in custody after his bail was revoked for multiple counts of drug trafficking. Photo: Facebook

Mr Elliott told the court his clients did everything in their power to not to break the law and asked for a “token” sentence.

“This is a disgraceful execution of the executive government (in) what they’ve done,” he said.

“I think this should be considered at the lowest level of criminality that’s ever been before a court in this state.”

The court heard Marrone knew Mr Jokic for more than 25 years, Anderson viewed him like a brother and Byrne considered him a best mate.

Mr Jensen sentenced Marrone, who is in custody after pleading guilty to multiple counts of drug trafficking, to one month in jail.

Byrne and Anderson were also sentenced to one month in jail but ordered to serve their sentence on home detention.