Former Finks associate jailed over weapon
A former Finks associate who carried a loaded pistol to a Swan Valley music concert has been jailed.
Mohamed Ighsaan Evans, 48, was ejected from the A Day on the Green concert at Sandalford Winery in February last year along with Tammy Kingdon - the long-time de facto partner of Finks member Troy Mercanti - after a scuffle with an outlaw motorcycle gang associate in the venue's VIP area.
This morning, Evans was sentenced to 14 months behind bars for the aggravated unlawful possession of a fire arm, with the District Court told the .25 calibre semi-automatic handgun had fallen from Evans as he struggled with a crowd controller.
The court was today told Evans had not sparked the altercation with the concert-goer and had not known the man was a bikie gang associate, but had gone on to be violent with security staff following the clash.
The weapon had eight rounds of live ammunition in it and would have been unable to be licensed because of the barrel size, the court heard today. He had also been carrying a bullet-shaped vial of cocaine around his neck at the time.
During sentencing, Evans' lawyer Michael Tudori said his client had become immersed in the bikie world in a bid to find mateship but had turned his back on that lifestyle after he was kidnapped in 2009 and assaulted.
But Judge Christopher Stevenson today queried the claim, with the court told Evans had been at the concert with a small group of people including Ms Kingdon who had also been present at his home later that night when police raided his house.
The judge said while Evans was not being punished for his associations or the scuffle with the other concert-goer, the information about Ms Kingdon's presence "cut across" his claim that he had changed since 2009.
Judge Stevenson said Evans' crime had been too serious to allow a suspended jail term, and needed to send a message to the offender and the community about carrying a loaded weapon in a public place.
The judge noted told Evans had a criminal history that had afforded him previous chances to turn his life around, "yet... he is still a person who is prepared to go out in the community with a loaded, unlicensed fire arm".
A State prosecutor submitted that every audience member at the concert, which attracted a crowd up to 13,000, had been a vulnerable and potential victim.
"(They) came there to enjoy their evening and the last thing they want to happen is to get caught in cross-fire," the prosecutor said.
Mr Tudori had argued that Evans had become fearful for his safety after 2009 and had been carrying a weapon for his personal safety.
He also submitted that his client had an unhappy childhood and was severely affected by his experiences growing up during apartheid in South Africa.
The lawyer said Evans' second wife and children would suffer great hardship if Evans' jail term was not suspended.
The judge said the sentence was at the lower end of the scale to take into account for mitigating factors. Evans can apply for parole after serving seven months.
