Bikie claims self-defence in appeal against 12-year jail term

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A Mongols bikie who shot a ­former Bandido and a bystander at a Gold Coast mall has mounted a High Court challenge against his conviction, claiming that his trial judge did not correctly guide the jury on whether he acted in “self-defence”.

Mark James Graham, 30, was sentenced to 12 years’ jail after shooting a knife-wielding rival, Jacques Teamo, and a female shopper at the Robina Town ­Centre three years ago.

The matter has now reached the High Court, which has agreed to hear an appeal from Graham.

His legal team is arguing that the trial judge failed to give sufficient guidance to a jury about self-­defence.

The shooting, which resulted in non-life threatening injuries, happened after a chance ­encounter ­resulted in a con­frontation­ ­between Graham and Mr Teamo in front of the latter’s children inside a Sony store.

Mr Teamo followed Graham out of the store, where he pulled out a flick-knife and Graham pulled a handgun from a bumbag.

CCTV footage shows Mr Teamo backing away from Graham before the first shot is fired.

The second shot came as Mr Teamo was running away.

Queensland’s Supreme Court found in 2014 that Graham “chose to engage in such confrontation” with Mr Teamo, which meant that he was not acting in self-defence.

He was found guilty of attempted murder and of shooting the innocent bystander.

In submissions filed to the High Court on Friday, Graham’s barrister, Peter Davis QC, said: “If the production of the flick- knife was a threatened application of force … then (Graham) had not consented to that threat and was entitled to make self-­defence.

“If … it was just a brandishing of the flick-knife with no threat to cut or stab the appellant then the appellant could honestly and reasonably have been mistaken that a physical assault was to ensue.”

Mr Teamo was later banished from the Bandidos in the wake of the infamous Broadbeach brawl between gangs in 2013 that led to the then Newman government launching a crackdown on bikies.

The state Labor government of Annastacia Palaszczuk is planning to scrap the LNP’s Vicious Lawless Association Disestablishment laws.

They will be replaced by new laws that will only ban people with criminal convictions from consorting in groups, rather than existing provisions that make it ­illegal for three or more gang members to gather in one place.

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