Clint Starkey murder: Rebels bikies James and Colin Crane, Adam Symons, Guy Robertson and Beau McDonald to be sentenced

The roles of five former Rebels outlaw motorcycle gang (OMCG) members in the murder of Clint Starkey at Peats Ridge have been revealed in court ahead of their sentence.

Clint Starkey, 42, of Mangrove Mountain, was bashed to death by four Rebels outlaw motorcycle gang members outside a service station. Supplied

Questions over who delivered the fatal blows in the murder of Clint Starkey remain unanswered with five former Rebels OMCG members appearing in court ahead of their sentence.

The NSW Supreme Court heard four men carried out the fatal beating of Mr Starkey at the request of Rebels “life member” Colin Crane, however it could not be determined who delivered the injuries that caused death.

Mr Starkey, 42 of Mangrove Mountain, was fatally bashed at a Peats Ridge Caltex service station around midnight on April 5 2017 before being driven to Gosford Hospital. He was treated for severe head injuries however died weeks later on June 12.

Three of the four men who bashed Mr Starkey – Guy Keith Robertson, Beau Andrew McDonald and Adam David Symons – will be sentenced for murder as part of a joint criminal enterprise while brothers James and Colin Crane will be sentenced on charges of murder and accessory before the fact.

Clint Starkey, 42, of Mangrove Mountain, was bashed to death by four Rebels outlaw motorcycle gang members outside a service station. Supplied

The court heard the brothers were found by a Supreme Court jury to have orchestrated the bashing after Starkey allegedly threatened Colin Crane’s family.

The five men appeared before the Supreme Court on Thursday for sentence submissions over their roles in the death.

Justice Desmond Fagan took time to praise the “painstaking, tenacious investigation” which brought the offenders to justice and the dedication of the police officers involved.

During the sentence hearing, the Crown stated that Robertson’s conduct during the bashing inflicted the most serious injuries on Mr Starkey.

Justice Fagan said that the case had been conducted on the basis that it could not be said that any particular blow or blows, or any particular assailant, could be the cause of death.

“It is the fact that’s its very conspicuous on the record of the CCTV that Mr Robertson returned to the deceased when he was unconscious and completely helpless and administered to him three or it might have been four very severe stomps to the head,” he said.

Arrest image of Colin Crane, a life-member of the Rebels outlaw motorcycle gang (OMCG). Picture: NSW Police

Robertson’s criminal lawyer Wayne Flynn said Robertson had taken responsibility for his role.

“It’s a conviction for murder where it can’t be said what caused the injury causing death,” he said.

“There has been on his part an acceptance of responsibility from when he entered his guilty plea to manslaughter to the local court. That plea wasn’t accepted but it was an acknowledgment on behalf of Mr Robertson in the death of Mr Starkey.”

Mr Flynn said Robertson, 34, had written a letter of apology to the Starkey family. He outlined Robertson’s “deprived background” and criminal history which included lengthy periods of custody. He said he found stability with the Rebels organisation.

Symons’s criminal lawyer James Trevallion told the court his client’s assault on Mr Starkey was not with intention to cause grievous bodily harm with his actions resulting in bruising and grazing to the shoulder.

James Crane, of Terrigal, made the call to disclose Mr Starkey’s location on the night, the court heard. Picture: Facebook

“The injuries caused by Mr Symons’s blows to the body weren’t serious injuries,” he said.

Mr Trevallion said the CCTV footage did not gauge the force being used by Symons.

He told the court that Symons had not had contact with the Rebels for the past five years and had little criminal history.

Mr Trevallion said Symons’s upbringing saw him “alienated” from the community which made him susceptible to an organisation such as the Rebels.

He said he had new, positive associations, has worked hard in custody and has a strong connection with the church.

“This is now a chosen lifestyle and if it’s maintained it would suggest he has good prospects of rehabilitation,” he said.

The Crown pointed out that CCTV showed Symons, who was 36 at the time of the offending, held down the victim on two occasions before he was struck to the head, enabling his co-offenders to “further assault” and administer the final blows.

She also said there was evidence that Symons was a Sergeant at Arms of the Rebels who was entrenched in the organisation.

CCTV image released by NSW Police during the investigation into Mr Starkey’s death.

McDonald’s lawyer Tom Hughes told the court that McDonald travelled with Symons to Peats Ridge and was the “last one to become involved” on the night of the bashing.

He said out of all the offenders, McDonald had the least evidence of planning and also gave evidence during the trial that he was not close to the Crane brothers.

When addressing the CCTV footage, Mr Hughes said McDonald’s part in the assault “lacks enthusiasm”.

He said he moved his foot towards the victim’s head however did not connect. He concedes his client kicked and punched his torso, however “disengages” before the assault finishes.

Mr Hughes described McDonald as a “model prisoner” during his time in custody with “most outstanding” prospects of rehabilitation, saying he had completed many courses and assisted other inmates with physical training.

Another CCTV image released by NSW Police.

The court heard in May 2018, McDonald prevented an assault on an officer by a fellow inmate.

Mr Hughes said he did not have a current Rebels membership, was in a relationship and was also a father of two from a previous relationship and kept in contact with his ex partner and children.

“This was clearly and completely out of character … this one act was not who he really is,” he said.

Philip Young SC said Colin Crane wasn’t present at the scene of the bashing and did not physically participate in the act of violence or the clean up.

He said Mr Crane’s “accessorial liability” was the phone calls he made in the lead up to the event. The court heard Starkey had threatened to go to Crane’s home with a firearm while his wife and children were there.

“There is no necessity for Colin Crane to have intended the type of beating that was meted out as seen on the CCTV … there is no necessity to find that’s what he intended to ultimately happen,” he said.

“Is the person who requests an act of violence more liable than the person who carries out the act? Those persons who are hands on and carry out the act causing death are more culpable than someone who is remote.”

He said Mr Crane had retired from the Rebels, he was now aged 54 and was in a solid relationship. He also said had good prospects of rehabilitation, however had significant health issues that would be exacerbated in jail.

The Crown stated clearly that if it wasn’t for Colin Crane’s phone calls that night, the offence wouldn’t have happened.

The service station at Peats Ridge where Clint Starkey was viciously bashed before it became Caltex. Picture: Google street view

James Crane’s lawyer Steven Bolands said his client’s involvement was limited to James telling his brother that Starkey was headed to Peats Ridge service station.

“He made the wrong decision to disclose someone’s location in a telephone call,” he told the court.

Mr Boland said his decision to assist was made in heat of moment, as Colin Crane was taking Starkey’s threats against his wife and children seriously.

“It was a rash decision making made in the agony of the moment,” he said.

He said the vigilante action was not justified with James assisting his brother to put Rebel’s associates onto Mr Starkey.

Mr Boland said James Crane had been out on bail for these charges and abiding by the law during that time. He said he had “much to contribute to his family”.

Justice Fagan said James Crane’s contribution as accessory before the fact must be regarded as quite minimal.

The Crown submitted that the four assailants took 25 minutes to drive from Woy Woy to Peats Ridge in two vehicles under the direction of Colin Crane – “plenty of time to call police” if there was a threat involved.

Jake William McDonough, who was found guilty of manslaughter for his role in the offending, appeared earlier in the week for his sentence submissions. A seventh man, known as SR, was found not guilty of murder and being an accessory before the fact.

Justice Desmond addressed the Starkey family at the end of the proceedings, stating that the death of Mr Starkey had not been “lost” in the sentencing process.

“The court takes very seriously the record they have provided, the pain they have sustained. Be assured your loss is not ignored or overlooked,” he said.

The matter was adjourned for sentence to November 11.