Employer’s alleged bikie association reason Operation Ironside accused shouldn’t be granted bail: court

A man who allegedly planned to bash a fellow Comanchero bikie member shouldn’t be granted home detention bail because police allege his employer is a gang leader, a court has been told.

Domenic Fernando Franze, 23, was one of four people charged as part of Operation Ironside with conspiring to cause serious harm over an alleged planned attempt to assault a man with numerous weapons on May 2 and 6 this year. Operation Ironside used the encrypted messaging service AN0M to gather evidence on criminals allegedly involved in drug smuggling, money laundering and planned executions.

Police allege the target was to be lured to the Adelaide Aquatic Centre, thinking he and the other supposed bikie members would bash a third party. But the “plot was foiled” after he was alerted to the plan by police.

Mr Franze, from Queenstown, applied for bail in his first appearance in the Adelaide Magistrates Court about two weeks ago.

Magistrate Simon Smart granted his request last Wednesday, but that decision was appealed by the prosecution.

No decision was made when he appeared in the Adelaide Supreme Court on Monday.

The prosecutor alleged Mr Franze’s employer was the Comancheros’ state leader, and the defendant would still be associated with the bikie gang if he was released because of his employment.

David Edwardson QC, for the defence, argued there was no proof before the court that linked Mr Franze’s employment and his employer’s supposed role in the gang.

He said his client was entitled to the presumption of innocence and would resign from his job if bail was granted.

Mr Edwardson said a trial for his client was not likely to begin before mid-2023, which was “an extraordinary” amount of time for such a young man to remain behind bars, especially being in the same unit as many other Operation Ironside accused.

The lawyer said there was also no evidence put to the court that proved his client used AN0M.

Mr Edwardson said another Operation Ironside accused Apostle Broikos was granted bail predominantly because of his age and argued the 18-year-old’s charges were more serious than Mr Franze’s.

The prosecutor said Justice Anne Bampton should not to be fooled by Mr Franze’s young age and lack of criminal history because his criminal involvement was “extreme”.

“All is not as it seems with this accused,” he said.

“He’s involved heavily with the very senior members of the criminal organisation. His employment is inappropriate.

“His antecedence should be viewed with caution and suspicion.”

The court was also told that Mr Franze allegedly played “a pivotal role” in deceiving the target by ”pretending to care” for him.

“The plan has gone beyond discussion and it’s moved into the execution phase,” the prosecutor said.

A home detention report was ordered for Mr Franze to live with his mother who plans to move to Adelaide from Brisbane.

The court was previously told Mr Franze was allegedly involved in a group chat with his four co-accused and was asked by one of them to create another group chat that included the target, and he complied.

The prosecutor said messages dating back from March 2020 proved the defendant was affiliated with the bikie gang and GPS data proved he was the user in those messages.

Mr Franze’s lawyer said the allegations against his client were “a lie” and denied claims he was a member of the Comancheros.

Mr Franze will reappear for a decision next week.