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Prosecutors drop assault, kidnap case against former gang leader Vince Focarelli and his son

PROSECUTORS have abandoned their kidnapping and assault case against Vince Focarelli and his son, more than two years after the former gang leader surrendered to police.

Adelaide's Lunchtime Newsbyte

PROSECUTORS have abandoned their kidnapping and assault case against Vince Focarelli and his son, more than two years after the former gang leader surrendered to police.

On Tuesday, Vince and his son Giuseppe smiled, embraced and high-fived one another in the Adelaide Magistrates Court after prosecutors formally withdrew the longstanding case.

The duo now face only charges relating to an alleged high-speed chase through the city — meaning their maximum penalty has reduced from seven years’ jail to 12 months.

Outside the courtroom, Vince — who has survived six attempts on his life — said “God is great” but declined to comment further on the matter.

Vince, 41, and Giuseppe, 20, had pleaded not guilty to one aggravated count each of assault causing harm.

They also pleaded not guilty to two counts each of driving in a reckless or dangerous manner.

Prosecutors alleged they attacked and bashed a man at Teringie, in the Adelaide foothills, in November 2013.

They alleged the incident followed a car chase that ended with the alleged victim getting into the Focarellis’ car, at Playhouse Lane, in a way that “should be perceived as an abduction”.

Witnesses, they alleged, saw the “distressed, wailing” man leap into the path of a moving truck to escape Giuseppe, while Vince “watched and shrugged”.

Vince (left) and Giuseppe Focarelli outside the Adelaide Magistrates Court.
Vince (left) and Giuseppe Focarelli outside the Adelaide Magistrates Court.

The allegations prompted SA Police to arrest Giuseppe as he drove to his job as a baker at 5am.

Vince, a former Commancheros bikie and New Boy, surrendered to police at 1am the following day in answer to an arrest warrant.

Almost immediately, the prosecution case encountered difficulties — with the alleged victim saying he did not want to give evidence.

The man, who was the then-boyfriend of Focarelli’s daughter, told The Advertiser he wanted police to cease their investigations and “leave him alone”.

Police subsequently searched the offices of the man’s lawyer.

The trial began in January 2015 but was repeatedly adjourned because of the man’s reluctance to give evidence.

Two weeks ago, prosecutor Gary Phillips asked the court for more time to communicate with the man, saying he was being held in both immigration and mental health detention.

On Tuesday, Mr Phillips said his instructions “had progressed”.

“The man will not be giving evidence in this matter, therefore we are withdrawing the aggravated assault charge,” he said.

“With regard to the remaining charges, we still need some further time to speak about them with defence counsel.”

Magistrate David Whittle formally dismissed the aggravated assault charges and adjourned the driving offences until next month.

He also granted bail variations to both Vince and Giuseppe Focarelli, removing a condition requiring them to report to SA Police.

Original URL: https://www.adelaidenow.com.au/news/south-australia/prosecutors-drop-assault-kidnap-case-against-former-gang-leader-vince-focarelli-and-his-son/news-story/21b820993bc9c7166a93b553993e039f