Bikie dad, his uni graduate son and the carpark shooting
NEW evidence has come to light as to how a 26-year-old university graduate with no criminal history came to be involved in an alleged attempted murder with his Rebels-linked father.
On October 19, a man was shot in broad daylight in the Currimundi Marketplace carpark.
As a result, Frank, 56, and Fabian Nicholas Nemcek, 26, were charged with attempted murder, assault with intention to steal while armed and armed robbery while in company with the aggravating circumstance of being part of a criminal organisation.
Fabian was charged as being party to the attempted murder, but there was no allegation he was in possession of the gun or used it.
The pair appeared in Maroochydore Magistrates Court to make bail applications today, but only Fabian was successful.
The court heard police allege the Nemceks went to a Currimundi home under the guise of buying marijuana, but instead Frank pulled a gun on the dealer and Fabian stole the drugs.
They were followed to the Currimundi Marketplace carpark by a man who witnessed the alleged theft and wanted to get the drugs back.
Following a disagreement between the trio, police allege Frank shot the man in the stomach.
The man presented at a private practice at Battery Hill with a serious, but non-life threatening injury.
The court heard the bullet was still lodged in the man's stomach and may not be able to be removed due to its location.
Frank and Fabian then drove to Victoria, which their barrister Alexander Edwards claimed was to see a sick family member.
They were extradited back to Queensland and charged after Frank's daughter told the police where they were.
Frank was on bail at the time of the shooting after allegedly firing a gun twice into the air when a group of people armed with golf clubs came onto his property to complain about loud music.
Mr Edwards conceded there was a "moderately strong" case that Frank was on scene at the shooting, but said as to the circumstances, "time will tell".
Dressed all in black, Frank shook his head when Magistrate Maxine Baldwin refused his bail.
Supporters of the family sitting in the gallery were visibly upset by the decision.
Ms Baldwin said the case against Frank was "fairly strong" as CCTV and identifications made by witnesses were provided in the evidence.
Briefs of evidence were requested for both men and they will appear again on January 11.
Police prosecutor Sergeant Phillip Stephens told the court Frank had two tattoos related to the Rebels on his back.
On his left shoulder was a tattoo of '1%' inside a diamond and on his right was the number 18, also inside a diamond.
Sgt Stephens said the 18th letter of the alphabet is 'R', so the tattoo was alleged to be a gang reference.
He further said Fabian was issued with a formal warning for consorting months before the alleged offences.
Sgt Stephens added in regards to consorting legislation, offenders were given warnings in the first instance.
Mr Edwards argued the case against Fabian had "significant differences" and questioned if a jury would convict him of attempted murder.
He said there was no evidence Fabian knew Frank would allegedly pull the gun on the man in the carpark, or that he encouraged him.
Ms Baldwin granted Fabian bail on the condition he report to the Browns Plains police everyday, remain at home 8pm-6am and not travel north of Pine Rivers.
He will be released from custody in the coming days when a $200,000 property surety put forward by his grandmother is processed.
Fabian was also forbidden from contacting his father until the charges are finalised, which the court heard could take up to two years.