Rebels bikie boss wins evading police on Harley Davidson case

There is no way Rebels Motorcycle Club president Shaun Kelly could have “looked police in the eyes” as he rode away in a “puff of smoke” his lawyer says.

THE Tasmanian Rebels motorbike gang boss is a free man after fighting off allegations he sped away from police on a Harley Davidson in a “puff of smoke”.

Shaun Kelly – dressed in a black shirt, pants and sunglasses – fronted the Hobart Magistrates Court yesterday when a charge of evading police against him was dismissed.

Police claimed that on May 25, 2018, Mr Kelly exited his workshop Indian Motorcycle at Moonah, revving his engine excessively with a puff of blue-grey smoke.

They also claimed he performed a U-turn when police followed with their lights and sirens activated, and that the bikie president looked straight into the eyes of a sergeant through the Harley’s rear vision mirror.

But Magistrate Glenn Hay, while accepting that Mr Kelly probably was trying to avoid police, said prosecutors did not have enough evidence to prove the motorcycle technician knew he was being apprehended.

He said, upon viewing CCTV footage, there was a “lack of smoke from any exhaust or the tyres or any part of the vehicle”.

Mr Hay said Sergeant Danny Jackson was certain Mr Kelly had “looked straight at him” from his rear vision mirror – but this was “clearly fanciful” as the footage showed the bikie was wearing sunglasses – and was still wearing them when he was arrested and handcuffed back at the workshop.

“I could see his eves looking back at me,” Mr Hay quoted Sergeant Jackson.

Mr Hay said it was “highly improbable, if not impossible, for the sergeant to have seen his eyes looking at him”.

Mr Kelly previously argued he was test-driving a customer’s Harley Davidson, saying the bike had a clutch problem.

Mr Hay also said the footage didn’t show any evidence of Mr Kelly speeding, although he noted the acceleration was quick, and also was unable to make a finding on how long or loud the siren was activated for, or whether it was activated or not.

However, he did note that when Mr Kelly returned to the motorbike workshop, he jumped off the bike “in haste”, without putting the kickstart down, meaning the vehicle would have fallen down if another staff member hadn’t been present.

Mr Kelly’s lawyer Fabiano Cangelosi made an application for costs, which will be decided at a future date.