NewsBite

SA court told alleged victim of Vince and Giuseppe Focarelli was Iranian immigrant who was in relationship with Vince’s daughter

THE man who was allegedly chased and assaulted by Vince Focarelli and his son is an illegal immigrant who was in a relationship with the former gang leader’s daughter, a court has heard.

THE man who was allegedly chased and assaulted by Vince Focarelli and his son is an illegal immigrant who was in a relationship with the former gang leader’s daughter, a court has heard.

On Wednesday, the Adelaide Magistrates Court also heard the Iranian national is facing court himself over allegations he assaulted Focarelli’s daughter in February this year.

The man, whose name and image are suppressed, has yet to plead to one aggravated count of assaulting a spouse, which allegedly occurred at Kilburn.

Defence counsel has asked a decision excusing the 25-year-old from giving evidence at the Focarellis’ trial be overturned.

Clare O’Connor, for Vince Focarelli, said the alleged victim was being held in immigration detention — and could therefore not argue he feared he was in danger from her client.

She said she knew, thanks to her years of experience advocating for refugees and asylum seekers, that the man “won’t be returning to the Australian community”.

“The Department (for Immigration) isn’t particularly interested in people who are in immigration detention and are victims of crime,” she said.

“I know, from my history, it is much more interested in perpetrators and isn’t known for being that empathetic for non-citizens who are victims.”

Vince, 40 — who has survived six attempts on his life — and Giuseppe, 19, have pleaded not guilty to one aggravated count each of assault causing harm.

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

It is alleged that 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”.

The troubled trial started in January but was then delayed because prosecutors and SA Police were unable to locate the alleged victim.

Prosecutors submitted they should be allowed to use the testimony of police and other witnesses to prove the alleged victim was afraid of Vince Focarelli.

Defence counsel submitted such evidence amounts to hearsay given the alleged victim’s prior, public statements that he does not want the case to proceed.

However, the court ruled the statements were admissible and ordered the trial continue.

This week, witnesses claimed the “distressed, wailing” man leapt into the path of a moving truck to escape Giuseppe, while Vince “watched and shrugged”.

Ms O’Connor also flagged her intention to have the court revisit its decision regarding the alleged victim’s evidence.

On Wednesday, prosecutor Gary Phillips said the trial should proceed and the ruling should remain in place.

“The alleged victim arrived here as an unlawful maritime arrival and was given a bridging visa, which has expired,” he said.

“He’s currently being held pursuant to the Migration Act, and there is no order or record indicating he is to be removed from Australia at this time.”

Mr Phillips said Australia did not deport Iranians and, in any event, he would be held until the resolution of his aggravated assault charge.

He said that, were the man called to give evidence, he would have to be held in the City Watch House or appear via video link from an immigration detention centre.

Ms O’Connor said the man should have to give evidence because the “foundation” for the original ruling — that he would be at risk of harm — no longer applied.

Magistrate David Whittle said the best course would be to wait for the outcome of the man’s next hearing for the assault charge, in September, and then reassess the case.

He remanded the Focarellis on continuing bail.

Original URL: https://www.adelaidenow.com.au/news/south-australia/sa-court-told-alleged-victim-of-vince-and-giuseppe-focarelli-was-iranian-immigrant-who-was-in-relationship-with-vinces-daughter/news-story/439f1cae0793bf8217af90101b2048e8