Vince Focarelli asked Court to award him $60,000 legal costs over failed kidnapping case

NOTORIOUS gang figure Vince Focarelli wants taxpayers to fund his $60,000 legal bill for a failed kidnapping case that collapsed because the alleged victim refused to give evidence.

• PROSECUTION: Focarelli assault, kidnap case dropped
• SURRENDER: Vince Focarelli and son accused of violent kidnapping
• ‘LEAVE ME ALONE’: Alleged Focarelli victim wants trial abandoned
• ESCAPE: Focarelli ‘victim leapt into path of moving car’
• FAMILY: ‘Victim’ was in relationship with Focarelli’s daughter

A NOTORIOUS gang figure wants taxpayers to fund his $60,000 legal bill for a failed kidnapping case that collapsed because the alleged victim refused to give evidence.

The Advertiser can reveal former Commanchero bikie Vince Focarelli – who has survived six attempts on his life – has asked Adelaide Magistrates Court to award him court costs.

It is understood it has cost between $30,000 and $60,000 to defend the one-time gang leader in court since he was charged, in November 2014, with assaulting his daughter’s then boyfriend.

Prosecutors dropped that charge – jointly filed against Focarelli’s son, Giuseppe – on Tuesday mid-trial, saying the alleged victim “will not be giving evidence in this matter”.

Although they still face reckless driving charges, the duo embraced, gave a high five and said “God is great”.

If Vince Focarelli ’s costs bid is successful, it will be the ­second time taxpayers have footed the bill for an aborted attempt to jail him.

In September 2012, he was awarded $15,600 in costs when prosecutors withdrew allegations he had been involved in a violent Melbourne Cup Day pub brawl.

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

Under state law, any person who is acquitted, or whose charges are dropped, in a Magistrates Court case is entitled to seek costs.

Opposition Deputy Leader Vickie Chapman said that did not guarantee success.

“Just because somebody is a bad egg doesn’t mean they can’t ask to have their costs,” she said. “Even so, I would be very surprised if Mr Focarelli’s application was successful.”

Attorney-General John Rau would not be drawn on the issue.

“Ultimately, these matters are best left to the courts,” Mr Rau said.

Commissioner for Victims’ Rights Michael O’Connell said dropping criminal charges did not mean an alleged offender was innocent.

Focarelli fashion: A gangster’s style guide

VIEW GALLERY

“Too many defendants portray it as exoneration, and that’s not the case,” he said.

“There’s a fundamental difference between a case not being able to be proceeded with, beyond a reasonable doubt, and innocence.”

Between 2010 and 2012, ­Focarelli, 41, was the target of six assassination attempts ranging from a flawed bombing to having a gun pulled on him in a supermarket.

However, an attempt on his life at Dry Creek in January 2012 killed his other son, Giovanni, and left him injured and in custody on drugs charges.

On release he dropped out of the public spotlight, surfacing only to seek permission to attend university classes related to his Islamic faith.

In November 2013, he and Giuseppe were charged with aggravated assault and reckless driving offences.

Prosecutors alleged they bashed a man, whose identity is suppressed, in the Adelaide foothills following a high-speed chase through the CBD.

Witnesses, they alleged, saw the “distressed, wailing” man leap in front of a moving truck while Focarelli “shrugged”.

But the alleged victim repeatedly said he would not give evidence. He is currently being held in both immigration and mental health detention.

Yesterday, prosecutor Gary Phillips said the man “will not be giving evidence in this matter, therefore we are withdrawing the assault charge”.

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

He also removed a bail condition requiring the two men report to SA Police.

If convicted of the driving offences, the men face a maximum 12 months in jail.