Sione Hokafonu among Finks bikies arrested for riding on a footpath

Victoria Police’s decision to haul 10 Finks bikies before the court for riding along Southbank Promenade was dubbed a “grotesque abuse of power” as the case took an interesting twist.

Ten Finks bikies arrested for riding along the pedestrian walkway of Southbank Promenade in their colours walked free from court after the charge against them was dismissed.

Sione Hokafonu, Aaron Bertram, Jesse Bonici, Andrew Tonkin, Stefan Roe, Elijah Grenfell, Damien Draper, Isaac Ikihega, John Pahoumidis and Ozgur Oral appeared in the Melbourne Magistrates’ Court on Thursday.

They were initially charged with reckless conduct endangering serious injury, dangerous driving and driving on a footpath but police withdrew the first two charges after Magistrate Tara Hartnett said the prosecution would have difficulty proving them.

The 10 men then pleaded guilty to the single charge.

The Finks bikies rode for 350m between pedestrians, street vendors and buskers on the riverside promenade on August 9.

Finks bikie Jesse Bonicci leaving Melbourne Magistrates court. 10 Finks bikies are charged with riding in formation on Southbank promenade. Picture: NewsWire / David Geraghty

Victoria Police came under scathing criticism in court from defence lawyers who labelled the charges a “waste of police and court resources” and said there was no way the prosecution would be able to prove them.

Rishi Nathwani KC, who represented Benucci, Bertram and Ikihega and Draper, said Echo Taskforce has “grossly overcharged” his clients and at no point during the bike ride was public safety at risk.

Mr Nathwani said the charge of reckless conduct endangering serious injury was “laughable” as members of the public could be seen in the CCTV footage walking up to the bikies and engaging with them.

“The risk of injury must be actual, not hypothetical, and at no point were the public in danger, there was absolutely zero issue for members of the public,” he said.

Mr Nathwani said four e-scooter riders and a skateboarder were going faster than the bikies so there were also no issues with the speed of the motorbikes.

Hokafonu’s lawyer Adam Chernok described the decision to lay the most serious charges as a “grotesque abuse of power” and said his client was willing to plead guilty to the charge of riding on a footpath which was a finable offence only.

Tonkin’s lawyer Rob Melasecca said looking at the CCTV footage, there was no way one could say what the bikies were doing was wrong.

Sione Hokafonu leaves the Melbourne Magistrates’ Court after the charge against him and nine others were dismissed. Picture: NewsWire / David Geraghty

“It’s a social activity, people taking pictures, everyone is just looking magificient and there is an exchange of courtesy between bikies and members of the public,” he said.

Magistrate Tara Hartnett ruled the charge of driving on a footpath has been proven but dismissed it.

At the start of the case, prosecutor Sergeant Eva Semertzidis asked the court for an indication on the strength of the prosecution case which drew criticism from the defence lawyers.

Mr Chernok said the executive arm of government asking the judiciary what charges should stick was not how the system worked.

“Imagine a situation where the DPP’s office says that before it files a case, can I get a view from the County or Supreme Court on what the charges should be.

As part of the arrests, the Echo Taskforce also carried out 11 warrants, including on Finks clubhouses at Cranbourne West and Brunswick East. Seven Harley Davidson motorcycles had been seized, along with Finks club colours.