SA Supreme Court released former gang leader Vince Focarelli on strict $10,000 bail

VINCE Focarelli has been granted bail on kidnapping charges - but a judge says strict conditions mean he will effectively be "locked up" in a home.

FORMER gang leader Vince Focarelli has been granted bail on kidnapping charges - but a judge says strict release conditions mean he will effectively be "locked up" in a suburban home.

Supreme Court Justice Tim Anderson this afternoon released Focarelli on $10,000 home detention bail with stringent conditions.

He warned the former leader of the New Boys and Adelaide's short-lived Commancheros chapter that no misbehaviour would be tolerated.

"I note that you want to take your daughter to school ... someone else will have to do that," he told Focarelli.

"I'm going as close as I can to locking you up in a house.

"If anything happens, which unfortunately it might, and a member of the public is placed in any risk at all, I think we will see you again on an application to have your bail revoked.

"It's very important you do all you can to prevent that."

Focarelli, 39, and his son Giuseppe, 18, have yet to plead to charges of aggravated assault, unlawful detention, threatening to kill and using a motor vehicle without consent.

Prosecutors have alleged the duo used fists, feet and a T-shirt to bash and restrain a man, whose identity has been suppressed.

They have alleged the incident began in Adelaide when the duo pursued and "boxed in" the man's car, prompting a high-speed chase through the CBD.

They have further alleged the pursuit ended in Playhouse Lane where the victim was forced into the passenger seat of a car.

They have alleged the incident continued in Teringie, where Vince used his phone to call others to assist in the assault and the alleged victim fled.

Prosecutors say witnesses will give evidence that the alleged victim was "absolutely terrified" of the duo and, for the first 10 hours after the incident, co-operated with police.

More: Adelaide's bikie underworld

Court documents further allege Vince Focarelli is now also known by the name Abdullah Salaam Imran.

Giuseppe was arrested at 5am as he drove home from his work as a baker.

A warrant was then issued for the arrest of Vince - who has survived six previous attempts on his life - and he surrendered himself to police at 1pm the following day.

Lawyers for the duo, however, claim the alleged victim swore an affidavit accusing police of harassing, intimidating and pressuring him into making statements.

They say he retained a lawyer to represent him and advised police not to contact him without first speaking with his counsel.

The Advertiser subsequently revealed that lawyers' offices had been searched by police.

Officers executed a general search warrant to seize all notes pertaining to the alleged victim and his affidavit.

Speaking exclusively to The Advertiser, the alleged victim said he wanted police to leave him alone, blaming their "harassment" for his eviction from his home.

On Wednesday, the Adelaide Magistrates Court released Vince Focarelli on $2000 bail, with home detention conditions.

That order was stayed, however, pending a Supreme Court challenge by prosecutors.

Last week, the Supreme Court was told Department for Correctional Services staff were not prepared to supervise Focarelli at any address, and would require he attend their office regularly.

Today Clare O'Connor, for Focarelli, said the department's reluctance was no fault of her client.

"The reason is because of the (six previous) attempts on my client's life," she said.

"They consider him a victim, they think he's at risk of harm, and they do not want to attend his bail address in case of danger.

"Sensibly, their suggestion is that he go into their offices for drug and alcohol testing."

Justice Anderson said that only went so far in Focarelli's favour.

"Whether it's his fault or not, the fact is he has become a target," he said.

"The department doesn't want their staff to be there if someone comes past and takes potshots at him."

Ms O'Connor said CCTV footage showing the incident did not match the alleged victim's testimony.

She said the prosecution case, based on police notes of what the alleged victim said, was inconsistent and insufficient reason to keep Focarelli in custody.

"Your Honour is being asked to prefer a version of events justifying incarceration for this man who, clearly, has a background that is of some concern to police," she said.

Ms O'Connor said those who monitored Focarelli's time on parole were supportive of his release.

"Their report says he has 'demonstrated his desire to reside in the community absent past associates and lifestyle choices'," she said.

"(It says) 'he is a model tenant (and) intelligent man with astute insight regarding himself and how he is perceived by others'."

In his ruling, Justice Anderson agreed the alleged victim had given "contrary statements", but said the video provided limited insight into the incident.

He said he was prepared to release Focarelli on home detention bail, albeit under strict conditions.

Justice Anderson removed the normal clauses allowing a bail recipient to leave his address to undertake work or education.

He said Focarelli may only leave the home for medical treatment, to protect himself from harm or at the request of Correctional Services staff.

Should those conditions be breached, Focarelli will be taken into custody and forfeit $10,000.

"It's for good reason, I'm sure you will understand that," Justice Anderson said.

He also imposed a suppression order, banning publication of Focarelli's home detention bail address.

Focarelli declined to comment as he left court.