An alleged motorcycle gang member accused of taking part in a plot to murder a former bikie has had the charge dismissed by a magistrate for lack of evidence.
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Fidel Gunes faced Brisbane Magistrates Court on Tuesday for a committal hearing on one charge of murder as part of a serious organised criminal enterprise.
Mr Gunes was accused of aiding nine other defendants to murder Shane Bowden, an alleged "turncoat" against the Mongols motorcycle gang.
Crown prosecutor Bradley White accused Mr Gunes of twice placing a tracking device on Mr Bowden's vehicle, including while it was parked near a courthouse on October 1, 2020.
Eleven days later Mr Bowden was shot 21 times and killed by two hooded gunmen in the driveway of his Gold Coast home.
It was not alleged that Mr Gunes was present when Mr Bowden was shot.
Mr White on Monday handed Magistrate Tina Previtera copies of 407 statements and a hard drive containing nearly 1400 exhibits as part of the prosecution's case.
Mr Gunes' barrister, Angus Edwards KC, said prosecutors had been "completely silent" about how they could prove his client was involved in Mr Bowden's death.
"The Crown can convincingly prove he was part of a plan to attach a tracking device on a car," Mr Edwards said.
"There is no evidence beyond that. The Crown invites speculation on what he did or did not know."
Mr White said Mr Gunes had aided a "well-planned execution" by purchasing tracking devices the day after media reports that Queensland's premier was concerned about Mr Bowden having crossed the state border.
"(Mr Gunes) has 'Mongol' tattooed on his throat ... he is aligned with their corporate motive," Mr White said.
Ms Previtera said she had not been shown evidence that Mr Gunes was involved with the men who pulled the triggers or that he helped obtain the guns and the getaway cars or destroy evidence afterward.
"No jury properly instructed could convict the defendant of the charge of intent to kill or harm on the basis of the evidence before this court," Ms Previtera said.
Australian Associated Press
