Claim authorities failing to protect people in custody from coronavirus as five accused in Jason De Ieso murder face court

Courts are being urged to grant bail to serious alleged offenders and empty the state’s jails to spare prisoners the effects of COVID-19.

• Final arrest: Eighth man charged over Jason De Ieso shooting
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Lawyers have told the Adelaide Magistrates Court that authorities are failing to protect people on remand and serving sentences from the pandemic.

On Friday, five of the nine men accused of murdering Jason De Ieso found themselves sharing a single, tiny cell on Friday so they could see the Adelaide Magistrates Court court by video link.

The men - one of whom was coughing audibly - had to sit almost on top of one another, with no social distancing in effect.

Two of their co-accused were linked in from a separate cell, while a third link connected an eighth defendant, while the ninth - who has bail - stood in the dock.

Their hearing was called on after two separate, unrelated bail applications in which counsel argued COVID-19 amounted to special reasons, under state law, warranting release on bail.

“The only thing that’s been put in place by the Department for Correctional Services is that, if a lawyer has been sick, they’re prevented from seeing their client,” one counsel said.

“There is no protection, no removing nor isolating people with health issues.”

Another lawyer said the District Court’s decision to postpone all new jury trials meant alleged offenders should be released.

“My client wants a jury trial, that has always been his intention all along,” he said.

“The long delay he now faces is concerning, given the possibility of COVID-19 in prison.”

The accused men are:

ROSS William Montgomery, 35

DANIEL Mark Jalleh, 31

MUSA Ali Alzuain, 27

MOHAMED Alzuain, 28

HUSAIN Ali Alzuain, 32

KYLE Pryde

NICHOLAS Sianis, 33

SEYWAN Moradi, 33

Each is charged with murder over the 2012 shooting of Jason De Ieso, and is also accused of being a member or an associate of the Hells Angels motorcycle gang.

A 10th suspect has since taken his own life while Jake Byron Martin-Herd31, is charged with assisting an offender.

Mr De Ieso was an innocent bystander caught in a feud between that gang and their rivals, the Finks, that allegedly also involved a firebombing and an attack on a tattoo parlour.

On Friday, prosecutor Jim Pearce QC said he had tried to adjourn the De Ieso murder case by email - as per the court’s anti-pandemic rules - but had received no reply.

He asked the matter be postponed for three months for the preparation of further evidence.

Magistrate Greg Fisher agreed, remanding the accused and custody and on bail until July.

He also dismissed the bail applications of the two unrelated defendants.

“The court must be satisfied there are special circumstances warranting bail... the matters identified do not establish those circumstances,” he said.

The Advertiser has sought comment from the Department for Correctional Services.