‘Jealousy’ the motive behind Matthew Kokotis and Steve Orfanidis threatening couple, court told

Two men who threatened a couple in a terrifying incident were motivated by “jealousy”, a court has heard. But the judge asked why witnesses heard shouts about a “bag”.

Jealousy was at the heart of an incident in which two men threatened a couple with a baseball bat and what appeared to be a large handgun, a court has heard.

Matthew Kokotis, 45, and Steve Orfanidis, 47, appeared in the District Court on Monday for sentencing submissions on charges of aggravated threatening harm.

Kokotis, a former Hells Angels associate and known underworld figure was initially given a suspended sentence of just under three years for the incident on October 14, 2019.

However, that sentence was overturned on appeal to the Supreme Court and the case was remitted to the District Court for resentence before a different judge.

On Monday, Judge Tim Heffernan said the previous judge had sentenced the pair on the basis the threats had been a “spontaneous incident triggered by jealousy”.

But he queried why witnesses had heard the men making threats about a bag, rather than a love triangle.

“The focus of submissions was on witnesses hearing shouting about ‘where’s my bag’,” he said.

“There was no mention of anyone saying ‘what are you doing with this man, we were together last night and we had an agreement’, there were no words to that effect.

“This rather puts the focus on the bag and why they were prepared to exit the car with baseball bats.”

Both Kokotis and Orfanidis were filmed threatening the man and woman in the driveway of a suburban home.

Matthew Kokotis, left, and Adelaide barrister Lindy Powell QC outside court.

Using their car, the pair parked across the victim’s driveway to prevent them leaving before menacing them with a baseball bat.

The man remained in the car, as Kokotis tried to get to him.

In the back seat of the car was the three-year-old child of the woman.

One of the men was heard yelling “I want my bag, give me my f***ing bag”.

The woman tried to put herself between Kokotis and the man in the car as she said “I don’t have your bag”.

One of the men replied “I’m going to shoot you now”.

He went back to the car and returned holding what appeared to be a large firearm.

He pointed it at the man who ducked around the car trying to avoid being in its cross hairs.

Judge Heffernan said he would not be able to conclude it was a real firearm rather than an imitation handgun.

A still image of footage of the Matthew Kokotis and Steve Orfanidis threatening a couple outside their home. A judge has said he will be unable to conclude whether it was a real or imitation firearm.

Anthony Allen QC said he would argue during submissions to be held later this month that the threats were a “spontaneous incident”.

“This wasn’t something that was pre-planned,” he said.

“There is not evidence that the pair said we are going to tool up and drive around there and produce these weapons to scare these people.

“It is regrettable that they had access to the items in the car. The presence of the other man is what triggers it and makes it spontaneous.”

A prosecutor told the court she would be arguing the incident was more planned than Mr Allen was portraying it.

The pair will appear in court again later this month.