A Comancheros bikie boss jailed after refusing to co-operate with Victorian authorities has lost a bid to appeal over his conviction and sentence.
Michael Murray received eight months' jail for contempt after refusing to be quizzed by the state's chief examiner about four serious alleged offences, saying: "I'm not a dog".
On Monday, Victoria's appeals court rejected his bid to appeal against his conviction and sentence, finding his jail term within the permissible range.
Victorian Supreme Court Justice Peter Riordan jailed Murray in March, finding his refusal to be sworn and co-operate with authorities was "deliberate and flagrant".
Murray had been hauled before the examiner by Victoria Police's division targeting outlaw bikie gangs for questioning about organised crime offences.
But he repeatedly refused to participate.
"Mate, this is very, very simple. I'm not a dog. I'm not answering questions. I'm not lagging anyone," he told them.
"You're wasting your time."
Murray also expressed concern about the secrecy of the coercive process, calling it the "worst kept secret in Melbourne".
"You guys can try and keep it a secret. It's not," he said.
The Supreme Court was told Murray was approached repeatedly by police who advised him they had uncovered a plan to harm him and his family, and his life was in danger.
The threats, and his role in the outlaw bikie gang, led to Murray being housed in 23-hour lockdown in Barwon Prison's Acacia unit in a cell with no windows.
But in sentencing, Justice Riordan said the bikie boss' refusal to co-operate was not based on fear of retribution, but a desire to maintain the code of silence.
The judge also took into account his harsh prison regime and threats to him and and his family in sentencing.
Murray appealed over his conviction on the basis the examiner erred in taking his oath or affirmation.
He also argued his sentence was higher than similar sentences given to others, and relied on a number of factors in his favour.
But the Court of Appeal on Monday rejected Murray's arguments, adding it was relevant he had a prior conviction for perverting the course of justice.
https://au.news.yahoo.com/comancheros-boss-loses-appeal-bid-vic-022254373--spt.html
Michael Murray received eight months' jail for contempt after refusing to be quizzed by the state's chief examiner about four serious alleged offences, saying: "I'm not a dog".
On Monday, Victoria's appeals court rejected his bid to appeal against his conviction and sentence, finding his jail term within the permissible range.
Victorian Supreme Court Justice Peter Riordan jailed Murray in March, finding his refusal to be sworn and co-operate with authorities was "deliberate and flagrant".
Murray had been hauled before the examiner by Victoria Police's division targeting outlaw bikie gangs for questioning about organised crime offences.
But he repeatedly refused to participate.
"Mate, this is very, very simple. I'm not a dog. I'm not answering questions. I'm not lagging anyone," he told them.
"You're wasting your time."
Murray also expressed concern about the secrecy of the coercive process, calling it the "worst kept secret in Melbourne".
"You guys can try and keep it a secret. It's not," he said.
The Supreme Court was told Murray was approached repeatedly by police who advised him they had uncovered a plan to harm him and his family, and his life was in danger.
The threats, and his role in the outlaw bikie gang, led to Murray being housed in 23-hour lockdown in Barwon Prison's Acacia unit in a cell with no windows.
But in sentencing, Justice Riordan said the bikie boss' refusal to co-operate was not based on fear of retribution, but a desire to maintain the code of silence.
The judge also took into account his harsh prison regime and threats to him and and his family in sentencing.
Murray appealed over his conviction on the basis the examiner erred in taking his oath or affirmation.
He also argued his sentence was higher than similar sentences given to others, and relied on a number of factors in his favour.
But the Court of Appeal on Monday rejected Murray's arguments, adding it was relevant he had a prior conviction for perverting the course of justice.
https://au.news.yahoo.com/comancheros-boss-loses-appeal-bid-vic-022254373--spt.html