Comanchero president Pitasoni Tali Ulavalu cleared of affray
The president of a bikie chapter has escaped punishment despite landing two punches on the face of a prospective gang member in an effort to stop him from playing up at a pub.
Canberra Star
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The president of the Canberra chapter of the Comancheros outlaw bikie gang has been cleared of an affray charge after landing two “measured” punches on the face of a prospective gang member in an effort to stop a gang nominee from playing up at a pub.
The acquittal of Pitasoni Tali Ulavalu on Thursday effectively gives the green light for bikie gang members to mete out “measured” physical discipline to each other away from the public gaze, without the risk of being convicted of affray.
Mr Ulavalu fronted the ACT Magistrates Court on Thursday charged with affray, after security cameras caught him “disciplining” gang nominee Jaymie Leam Turner by twice belting him across the face.
The court heard Mr Ulavalu and Mr Turner were among a group of workmates, gang members and hangers-on who went to the Fenway Public House in June last year for a private function.
Mr Turner told the court he had drunk “a fair bit” on the night and punched a hole in the wall.
He said he had anger issues “largely when I drink” and Mr Uluvalu at one stage told him to “calm down”.
He told the court he was not a member of the Comancheros but hung out “every day” and was familiar with the gang’s internal rules, one of which was to not create disturbances in public.
He said one of the blow’s Mr Uluvalu landed was “a slap”, a description Mr Theakston rejected.
The two men hugged each other afterwards and Mr Turner went home embarrassed by his actions.
Acting Chief Magistrate Glenn Theakston rejected the argument of Mr Uluvatu’s lawyer, Peter Bevan, that violent discipline meted out by bikie gang office holder’s was “lawful”, because gang members and associates signed up to a regime of internal discipline.
“I find it hard to accept that a group can create a form of corporal discipline that, by agreement, could therefore make that violence lawful,” Mr Theakston said.
He also said gang bosses couldn’t “lawfully chastise” subordinates in the same way a parent could smack a child.
“I don’t think lawful chastisement is available by election or choice between adults,” he said.
But he said Mr Uluvalu’s behaviour was “measured, it was deliberate (and) it involved proportionality”.
He said he was “left in some doubt” about whether a reasonable bystander would have felt fear for their own safety that night.
But Mr Theakston warned Mr Uluvalu he only narrowly avoided being found guilty.
“If this had occurred in slightly different circumstances the offence would have been established,” he said.
Mr Uluvatu, who appeared in court in gang colours and with the letters “ACCA”, meaning “Always Comanchero, Comanchero Always” shaved into his head, celebrated as he left court with Mr Turner and fellow gang member Zachary Robb.