Rebels president Damien Vella charged with resisting police

A Raptor Squad officer who OC sprayed the Rebels bikie gang’s national president has said he wanted to check the man’s vest for weapons because of rising tensions between rival gangs over territory.

Rebels national president Damien Vella and his partner leaving Penrith Local Court.

The national president of the Rebels bikie gang copped an eyeful of OC spray after allegedly refusing to hand over his bikie colours to a Raptor Squad officer running a roadworthiness check on his bike, a court has heard.

High-ranking bikie Damien Vella was charged with resisting and hindering police after an incident during a run-in with police in Silverdale at midday on December 2 last year.

He is fighting the charges at a hearing at Penrith Local Court.

The court has heard Vella was pulled over by Raptor Squad officers Constable Steven Norris and Senior Constable Alexander Brimfield for a roadworthiness check on his Harley Davidson.

Vella was wearing his bikie colours – a sleeveless leather vest and a singlet emblazoned with Rebels emblems – and had his fiancee on the back of the bike at the time.

Constable Norris first issued a red label – a defect notice meaning the bike could not be ridden until issues were addressed – on Vella’s bike for having no reflectors.

Vella and his partner – who was present when he was arrested – at the courthouse.

The constable then asked Vella – who is subject to a firearm prohibitions order – to hand over the vest so he could check it for weapons.

When Vella did not immediately relinquish the vest, Constable Norris deployed OC spray, which Vella’s barrister Michael Coroneos said amounted to unreasonable force.

Vella depicted in his Rebels colours.

Rebels bikie national president Damien Vella (right) earlier this year.

Mr Coroneos further suggested to the court Constable Norris could have issued a yellow label or a traffic infringement notice as less stern alternatives to a red label.

Constable Norris gave evidence before Magistrate Gregory Moore about what was in his mind before he resorted to OC spray.

“I had an understanding that the Rebels and the Finks were in conflict with each other, the issues were escalating, which would, in my opinion, give him reason to carry a weapon for self defence or to attack someone else,” Constable Norris said.

“The area we were in has traditionally been Rebels territory, the Finks were moving in which has been causing considerable problems.”

Constable Norris said he had information the Rebels and Finks had each stolen a set of each other’s colours, further inflaming tensions.

“A possible fight had been organised, which the Rebels did not attend, and it added to my suspicion that he may have been carrying a weapon at that time because of the conflict,” Cnst Norris said.

“In addition, there was training I’d received since working at Raptor Squad surrounding OMCGs and their propensity for violence, carrying weapons, and organised attacks on other gang members.”

Mr Coroneos repeatedly questioned Constable Norris about his language use during the arrest, and the officer staunchly denied it was inappropriate.

Constable Norris’ bodyworn video captures him saying to Vella “put your f**king hands behind your back” and “put your hands behind your back c**t”.

Rebels national president Damien Vella (right).

In re-examination by a police prosecutor, Constable Norris said: “The situation had become confrontational, sometimes it calls for robust language.”

“At the time I was placing handcuffs I was justified in escalating (physically) and I chose to escalate my language instead of escalating force and that seemed to work.”

Senior Constable Alexander Brimfield, who was present with Cnst Norris during the arrest, also gave brief evidence about Vella’s alleged resistance.

“He was tensing up and holding his arms in a way where they could not be manipulated or moved …(the force required to move him was) significant,” Snr Cnst Brimfield said.

Mr Moore will give his judgment at the same court on January 24 next year.