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Police Minister David Elliott slams magistrates’ bail decisions

A senior Finks bikie has become the fourth person before a magistrate in six weeks to be released into the community while on bail for other alleged offences.

Gangland father and son shot dead in shocking Guildford assassination

A senior member of the Finks bikie gang allegedly caught with a handgun while on bail for other offences was released back into the community by a Sydney magistrate the next day – the fourth case of its kind in just six weeks.

Police are enraged by a string of decisions to grant bail to alleged crooks, as Opposition police spokesman Walt Secord declared hardened criminals were “laughing at the revolving door of bail in NSW”.

Police Minister David Elliott last night said he would be having “full and frank discussions with the Attorney General with regard to how some members of the judiciary are interpreting their role in the justice system”.

“This is the fourth time recently that the judiciary has disregarded community safety,” Mr Elliott said. “When bail laws put lives at risk clearly it appears something is not working and the community has the right to be furious, as I am.”

Finks bikie Daniel Middlebrook was allegedly found in possession of a gun last week. Picture: Facebook
Finks bikie Daniel Middlebrook was allegedly found in possession of a gun last week. Picture: Facebook
His release comes after alleged drug kingpin Mostafa Baluch vanished after being granted bail.
His release comes after alleged drug kingpin Mostafa Baluch vanished after being granted bail.

Attorney-General Mark Speakman last night ordered a transcript into the case of Finks member Daniel Middlebrook, who was already on bail for traffic offences and subject to a Firearm Prohibition Order when he was stopped by police driving in the Kingswood area on Thursday night.

During a search of the vehicle, police allegedly found a pistol between the passenger seat and the centre console, as well as a small amount of cocaine.

Middlebrook was taken to St Mary’s Police Station where he was charged with breaching bail, possess unauthorised firearm, acquire pistol subject to firearms prohibition order, supply prohibited drug and possess prohibited drug.

He was initially refused police bail and kept overnight in the cells.

But the next day in Penrith Local Court, magistrate Alex Mijovich released him on conditional bail.

This release came as a public outcry erupted after an alleged international drug dealer Mostafa Baluch vanished after being granted $4m bail by a Sydney court two weeks ago.

Police are frustrated at the continual release of people, especially young men who they believe are involved in gang activity who are caught with weapons.

In September two men, Salim Hamze, 18, and Trent Jeske, 23, were raided by police in different operations and each charged with possession of a firearm.

After their arrests the head of NSW Police Criminal groups, Detective Superintendent Grant Taylor said both men were allegedly involved in the groups associated with crime in south-west Sydney.

“And I have no doubt the seizure of these weapons and the arrest of these men will hurt,’’ he said.

But the next day both were granted bail. Two weeks later 18-year-old Salim Hamze was shot dead, along with his father in their Guildford home driveway.

There is no suggestion either Trent Jeske or Middlebrook were involved in the shooting.

Salim Hamze was shot dead only weeks after being granted bail. Picture: Facebook
Salim Hamze was shot dead only weeks after being granted bail. Picture: Facebook
Trent Jeske was raided by police on a firearms charge in September. Picture: Instagram
Trent Jeske was raided by police on a firearms charge in September. Picture: Instagram

In a separate case, on October 28 police claim they found 24-year-old Charbel Attie with a loaded .45 colt revolver at an address in Westmead and charged him with a number of offences including possession of a weapon.

He appeared in Parramatta Local Court the next day and was granted bail. Three days later he was rearrested after police allege the gun they seized earlier was used to threaten a man.

Opposition police spokesman Walt Secord said the release of many people on bail does not meet community expectations.

“Hardened criminals are laughing at the revolving door of bail in NSW,” Mr Secord said.

“The community has had a gutful and their view is simple: cement these characters in their cells until the court deals with them.

“Cops are spitting chips. They spend months gathering evidence and then see these crims waltz straight back on to the streets or worse – abscond like Mostafa Baluch.”

Mr Secord said NSW Labor was working on a reform package to tighten bail laws so that NSW police did not have to keep cleaning up after this government.

Original URL: https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/police-minister-david-elliott-says-magistrates-are-disregarding-community-safety/news-story/a15ebec49147c486df4056bbaccd5db1