Bail denied for three of the 'Yandina Five' alleged bikies
IT will be a bleak Christmas for three families of the alleged Sunshine Coast bikies dubbed the "Yandina Five" after their lengthy bail applications were rejected.
Paul Jeffery Lansdowne, 57, Steven Michael Smith, 28, and Joshua Shane Carew, 30, were unsuccessful in their bail applications and will spend the festive season behind bars.
However, Queensland's chief magistrate Tim Carmody granted bail to Scott Michael Conly, 36, and Dan Whale, 26, today albeit under very strict conditions.
The five men shot to prominence earlier this month after they were charged under the tough new Vicious Lawless Association Disestablishment laws after being caught having a beer together at the Yandina Hotel on November 1.
Under the new laws, it is illegal for alleged criminal motorcycle gang members to associate together in groups of three or more.
Police have alleged all five men have strong links to bikie organisations on the Sunshine Coast, Fraser Coast and Beenleigh.
In handing down his determinations individually Mr Carmody said Smith had not satisfied bail requirements under the new laws.
"I am reasonably satisfied the applicant has no intentions to disassociate from the Rebels or his co-offenders if released on bail," he said.
"This poses an unacceptable risk of reoffending or absconding."
Mr Carmody said when refusing Carew's bail application it would seem there was "a new sheriff in town" with zero tolerance for criminals and their activities.
Carew's barrister had earlier told the court his client was a part-owner in a Nambour pizza shop and had only been delivering pizzas to the other four men when he was captured on CCTV footage at the hotel.
"I cannot help but observe the strange connection between pizza delivery and the production and distribution of methamphetamines," he said.
"I am reasonably satisfied the applicant was a participant in a criminal organisation."
Paul Jeffery Lansdowne, 57, did not provide any information to the court on Thursday (Dec 19) disputing he was a Rebels member and was subsequently refused bail.
Mr Carmody said in granting Conly bail under strict conditions he was only going home because the case against him was weaker and circumstantial.
"The applicant does not, or refuses to, understand the law forbids him from associating with other criminal elements in public," he said.
"He, like many others, may not like that law, but must obey it nonetheless if they want to stay out of jail."
The final member of the five, Dan Whale, was only granted bail after his 74-year-old grandmother came to his rescue at the eleventh hour and said he could stay with her at her Caloundra unit.
In comical scenes his grandmother called the court to tell Mr Carmody she "was hard of hearing" but confirmed "he was coming to my place isn't he and she had plenty of room" before wishing Mr Carmody a Merry Christmas.
Mr Carmody imposed strict bail conditions on both Conly and Whale, which included a curfew between 11pm and 5am, a ban from going near the Yandina Hotel as well as not to contact or associate with any criminal motorcycle gang member or go anywhere near a motorcycle clubhouse.
However, the hearing took an unexpected turn when the men's barrister informed Mr Carmody the two men faced being arrested the next time they faced court because under their bail conditions they were not to associate or be seen in the company of each other.
Mr Carmody duly changed their bail conditions to allow them both to be in a courthouse at the same time.
All five men will appear in the Maroochydore Magistrates Court on January 6.