Alleged bikie ‘quarantined’ and banned from contacting Rebels members

An alleged bikie accused of running a professional gambler off the road and bashing him has been granted bail as long as he remain “quarantined” and not contact members of the Rebels OMCG.

Nicholas William Pozzebon. Picture: Contributed

An alleged bikie accused of running a professional gambler off the road, bashing him and warning him not to tell police has been granted bail on conditions he remain “quarantined” to an area north of Brisbane and not contact members of the Rebels OMCG.

Nicholas William Pozzebon, Nathan Peter John Dyson and Matthew James McKenzie have all been charged over the alleged incident on September 18.

Police claim McKenzie is a bikie associate who allegedly “procured, counselled, or aided” accused Rebels members Pozzebon and Dyson to behave in a dangerous and threatening way towards the complainant.

It’s alleged McKenzie fell out with the man over investments in his gambling business.

In a bail application on Monday, Brisbane Supreme Court heard Pozzebon and McKenzie in one vehicle – a Dodge Ram – and Dyson in another – a Ford Ranger – allegedly tailed the man who was driving a Mercedes.

The crown allege Pozzebon, whose bail application was opposed, was driving when he rammed the man off the road near Palmview on the Sunshine Coast.

One witness saw the RAM ute become airborne as it crashed through a fence as it chased the Mercedes.

It’s alleged the man was then bashed and Pozzebon told him not to tell police, a court heard.

Jeff Hunter KC told the court there had been material changes in circumstances for his client Pozzebon meaning he was eligible to apply for bail again after it was refused last year.

Mr Hunter said it was now proposed that Pozzebon, 27, would live on an isolated property northwest of Gympie with a relative.

“So rather than as it was on the last occasion, where he was simply just going to go home (if granted bail) and be free to move about the Sunshine Coast as he liked, this will result in him being confined to an area that is north of Pomona and confined to a very closely circumscribed geographical spot between 6pm and 6am,” Mr Hunter said

He proposed other bail conditions including reporting to police daily.

“And of course, he’d be prohibited from having any contact with either his co-accused or prosecution witnesses or anyone associated with the Rebels motorcycle club,” he said.

“Those conditions render it unlikely he would be inclined to do something as outrageous as that, again, bearing in mind that he has no prior history of doing anything like that.”

Mr Hunter said the defence were waiting for an expert report about whether injuries sustained by the alleged victim amount to grievous bodily harm.

Crown prosecutor Sam Sherrie opposed bail arguing nothing had really changed since Pozzebon’s last bail attempt.

“The further conditions that are proposed really just amount to a new

residential address which is an hour away from the complainant instead of 20 minutes away, like the previous address,” he said.

“If the applicant is someone who stalked the complainant and then driven in excess of 120 kilometres an hour down the road in pursuit … and then driven him off the road and proceeded to assault him … one might imagine that that risk is not necessarily substantially mitigated, despite that order which sees him move slightly further away.”

However Justice Paul Freeburn said the primary risk of interfering with the alleged victim could be lessened by the new bail address.

“The risk of reoffending can be properly ameliorated by in effect quarantining him within the Gympie regional council area,” he said.

All three have been charged with dangerous driving, endangering the safety of a person in a vehicle with intent and grievous bodily harm (serious organised crime). Pozzebon has also been charged with wear or carry a prohibited item in public and drive while drug is present in blood or saliva.