Hannay Criminal Defence

A FORMER Finks bikie who assaulted and extorted the owners of a Gold Coast sex shop has been handed a 12-month suspended sentence more than a decade later.

Richard Michail, also known as Richard Savage, turned up at the Mermaid Beach sex shop in July 2004 after the owners attempted to back out of a sign-writing deal with his partner.

When he approached the couple Michail asked “Do you know who the (expletive) I am?” then said “I’m a member of the Finks gang and we run the Gold Coast”.

Michail then grabbed the man and pulled him off the ladder he was standing on before punching him in the head, leaving him with a twisted ankle and permanent back injuries.

During the disturbance he also pushed the female complainant to the ground.

The former Finks sergeant-at-arms demanded the couple pay $600 for the sign rather than the $500 quoted because of the “inconvenience” then threatened to return if he saw another sign up.

The sign was never delivered to the shop.

In the Southport Magistrates Court yesterday the now 41-year-old pleaded guilty to the charges of assault occasioning bodily harm, demanding property, benefit or performance of services with threats and common assault.

Michail was extradited from Victoria to face the charges last year after serving time in prison on a robbery offence.

Solicitor Chris Hannay, from Hannay Criminal Defence, said police had shown no interest in his client after the incident in 2004 until a warrant was issued in 2009.

Mr Hannay said on the day of the incident Michail had gone to the shop legitimately to talk to them but he “just got fobbed off”.

“He’s moved on with his life, he resigned from the Finks in 2013 … he’s handed his colours in and he’s got nothing more to do with it,” Mr Hannay said.

“It’s certainly not in the interests of justice or the interests of my client if he’s incarcerated on these matters today.”

Magistrate Jacqueline Payne said the back injuries and psychological trauma facing the victim were ongoing.

Ms Payne said she took into account the significant delays in the case and the significant amount of time Michail had spent in custody since on unrelated matters.

She sentenced him to 12 months imprisonment to be suspended immediately and ordered he pay $2000 in compensation to the victim.

As originally seen on Gold Coast Bulletin by Meagan Weymes on March 31, 2015.

ALMOST a year after Brayden Mechen was allegedly punched in the face by a police officer while handcuffed he still struggles to talk about the “worst experience” of his life.

The softly spoken Upper Coomera man was out with mates in Surfers Paradise on September 28 last year when his first ever run-in with police happened.

The 21-year-old attempted to break up an altercation outside Sin City nightclub then grabbed a police officer’s shoulder while his friend was being taken away.

CCTV footage appears to show a police officer tackle Mechen to the ground, then another officer knee him several times.

The most shocking footage from later that morning appears to show another police officer punch Mechen in the face while he was being walked out of the police station in handcuffs.

Senior Gold Coast police have lodged a complaint about the shocking incident which was captured on CCTV footage.

Mechen was charged with serious assault police, assault police and obstruct police in relation to the incident, with police alleging he spat at an officer’s face.

Court documents show police alleged the constable used a “closed hand tactic” to push Mechen’s face away and “prevent the defendant from spitting at the victim again”.

In the Southport Magistrates Court yesterday, the three charges against Mechen were dismissed after the prosecution offered no evidence.

Mechen, whose eyes welled up as he spoke, said the experience was probably the worst he’d ever had.

“I didn’t expect it to happen that fast — I just got thrown,” he said.

“When they were taking me down they started kneeing me and pushing my head into the ground.

“They kept on saying, ‘Stop resisting, stop resisting’ but I wasn’t resisting. I was just laying and letting them do what they had to do.”

“I never knew that’s what they did — I never knew that’s how they treated people.”

He said he tried to break up a fight then tried to get the attention of a police officer by grabbing his shoulder.

Mechen said he found out while at the watch-house that police were alleging he spat at an officer in the face.

“They said I’d done something serious — I didn’t do anything, I was trying to help my mate.”

“I definitely didn’t spit at anyone, at all.”

The electrical trade assistant, who works at airports around Australia, said he was relieved the charges were dropped but said he still felt nervous and hot when he saw police.

Had he faced a conviction he could have lost his Aviation Security Identification Card and his job.

Solicitor Chris Hannay from Hannay Criminal Defence said it was “extremely disappointing” this sort of behaviour still happened.

Mr Hannay said he and barrister Alastair McDougall had “never really seen anything as bad” as the CCTV footage in more than 50 years of combined legal and policing experience.

“I really can’t put an explanation on it — it’s just absolute stupid behaviour by police officers,” he said.

“There’s got to be a control and professionalism in their behaviour, particularly when people are handcuffed.

“They’ve got to face the consequences if they misbehave.”

A Queensland Police Service spokeswoman said senior police from the Gold Coast District lodged a complaint with the Ethical Standards Command in relation to one of the incidents.

The spokeswoman said video footage was being reviewed.

“If any offences or breaches are detected, an appropriate complaint will be lodged with the QPS Ethical Standards Command and fully investigated,” she said.

As originally seen on Gold Coast Bulletin by Meagan Weymes on September 9, 2015.

A Mormon accused of stomping on the head of a stranger who had just been king hit has walked free after there was insufficient evidence to commit him to trial.

Barrister Angus Edwards, instructed by Hannay Criminal Defence, pointed to inconsistencies between witness statements. Magistrate John Costanzo said the CCTV footage was “poor to say the least”. Mr Costanzo ordered Mr Taufui be discharged and the charges withdrawn.

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Daniel Hannay said the 68-year-old intended to challenge the charges.

They followed last month’s ABC Four Corners expose on the use of live animal bait in greyhound training, which caused outrage and rocked the industry nationwide. ‘We are fundamentally denying the allegations that he is facing,’ Mr Hannay said.

Noble had previously spoken candidly about using live bait to help make greyhounds more competitive, and save them from being put down for lackluster track performances.

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