| Rocco Arico
Arico was a technical school
drop-out who a judge would say masked his immaturity with
bravado.
Police say Arico
once ran a stolen car racket with friend Dino Dibra.
The racket allegedly
involved re-building registered cars with the bodies and parts of stolen ones.
When
not buying new cars at auction for the clean
framework, police have been told, the two were out
extorting nightclub patrons for their car keys.
Nightclubs
were playgrounds for Dibra
and Arico.
In
particular they were regular faces at Dome in Prahran
and a Crown Casino nightclub.
Police
believe Dibra was dealing
in cocaine, ecstasy and amphetamines at clubs.
He
had a loyal group in tow and Arico was his most
faithful sidekick.
"Their
behaviour was violent, irrational and dangerous.
they'd go off tap for no reason," a former
detective says of the duo.
Arico was involved in a
kidnapping with his western suburbs cohorts Terrence
Chimmiri and Dibra.
The trio were among several
men charged over the bashing and stabbing of a man forced at gun
point into the boot of a car on August 2, 1999.
The victim, one of Arico's
associate's brothers, was kidnapped in broad daylight in the
northern suburb of Ardeer.
The victim was punched,
kicked and pistol whipped in an extortion attempt.
After the initial
kidnapping, Dibra, Arico and associates Terrence Chimmiri
and Salih Kocoglu had to chase their victim who activated an
emergency switch to open the boot.
He jumped from the moving
vehicle and the four chased him and bundled him back into the
car in front of flabbergasted onlookers.
They took him to Dibra's
Taylors Lakes house.
But police had installed
phone and video bugs as part of the investigation into a
nightclub shooting.
The kidnap gang attempted
to extort $20,000 from the victim's brother.
This was whittled down to
$5000 by the time police raided the house.
The victim was still in the
boot of the car when they arrived.
Arico was bailed on those
charges when prosecution witnesses did not attend court.
Dibra, Arico and Chimirri
were arrested the next day and Kocoglu soon after.
Arico was suspected of killing
Richard Mlandenich on May
16, 2000.
He was a notorious standover man who spent his adult life in
and out of jail.
Mlandenich, then 39, died from a
bullet to the head in a St Kilda motel.
At about 3.30am, one of his ''many
enemies'' entered room 18 of the Esquire Motel, a haunt of prostitutes, heroin
dealers and addicts, and shot Mladenich.
A witness said she was in bed beside her
sleeping boyfriend, Gabbi "Rocky" Jabbour, talking to Mladenich as
another man slept in a chair.
She said in a statement the door
swung open quickly and a young, slim, tanned man wearing sunglasses under a
hooded windcheater took three large, fast steps into the room.
The man raised his right arm and
aimed it at Mladenich's head as he got up.
"I heard a sound . . . like
party poppers going off and a bit of an echo.
I then saw Richard fall towards the
door," she said.
The killer lowered his arm,
"turned and looked directly at me for about two or three seconds.
Two years later, Coroner Phillip Byrne delivered an
open finding after the inquest into the killing.
Detective
Sergeant Stuart Bateson said Mr Jabbour told police he suspected Rocco
Arico of the murder.
By
this time had been jailed over a near fatal road-rage shooting
(see below).
Mr Jabbour's
statement said
Arico had asked where Ms Davies was
and that a fellow prisoner told him to "forget about the four seconds in
which Richard was killed and forget that the girl saw the guy".
Police were not
permitted to interview
Arico in jail.
On July 15, 2000, Arico was driving a car involved in a minor accident in Taylors Lakes which
resulted in the victim being shot five times.
Again, in the
company of Dino
Dibra, the pair were
driving cars which cut off another vehicle.
In the ensuing
argument, Arico shot the man several times with an automatic pistol.
The road rage
shooting victim had been offered cash to say that he'd incorrectly identified
Arico, senior-detective Darren Dean later said when he opposed Arico's bail.
At about 7am Vincenzo Godino
started to drive home after completing his duties as a cleaner
at a gambling club in Sunbury.
He drove towards Taylors
Lakes, where he lived, along the Calder Freeway turning off at
Sunshine Avenue.
He then proceeded in a
southerly direction along this road towards a roundabout,
situated at its intersection with the Melton Highway.
As he entered the
roundabout, a silver-coloured Holden Commodore sedan came
through the intersection at high speed from his left.
Mr Godino continued to
drive through the roundabout when a burgundy coloured Holden
Statesman vehicle also entered following the earlier vehicle at
high speed.
Mr Godino stated that he
braked hard and tried to turn his car to avoid a collision.
He skidded and his vehicle
rotated approximately 180 degrees.
Fortunately there was no
impact.
He saw both of the vehicles
speeding westward along the Melton Highway.
The two cars were also
observed by Senior Constable Behrens who had just completed a
night shift at the Keilor Downs police station and was
travelling homeward in a northerly direction along Sunshine
Avenue towards the roundabout.
Mr Godino, who was angered
by what had occurred, commenced to pursue the speeding vehicles.
He saw them turn into
Sandpiper Drive and followed them.
At about this time Senior
Constable Behrens drove past Sandpiper Drive.
He looked to his right
along that road and saw the two cars.
They appeared to be slowing
down.
He then saw a mustard brown
car (Mr Godino's vehicle), catching up with him before it made a
right-hand turn into Sandpiper Drive.
Mr Godino followed the cars
until he lost sight of them for a short time.
He next saw the silver
Commodore parked in a driveway in Orion Close with its nose
facing the street.
The burgundy Statesman was
parked in the driveway opposite.
He did not stop and
continued to drive along slowly for another two or three hundred
metres.
By this time he had calmed
down.
Some sense of discretion
had returned and so he proceeded to turn and to drive home.
He passed the houses where
the two cars were still parked and saw persons standing at the
driver's side of the burgundy Statesman.
He did not stop, nor did he
make any gestures.
As he continued on his
journey, he observed the silver Commodore approaching him from
behind, flashing its headlights.
Mr Godino pulled over
towards the kerb and stopped.
The silver Commodore pulled
up on his right-hand side.
The window of the driver's
side door of Mr Godino's vehicle was wound down.
The front passenger window
of the Commodore appeared to move down electrically.
He saw only one person in
the vehicle who, to his relief, he recognized as a past
acquaintance.
In his evidence at the
trial Mr. Godino described a conversation along these lines:
Godino: "I recognize
you."
Driver: "From
where?"
Mr Godino: "The Golden
Star, you used to make pizzas there. I can't recall your
name."
Driver: "Rocky. What's
yours?"
Godino: "Vince."
Driver: "Vince
who?"
Godino: "Vince Godino.
Remember I used to come in there with my friends and play - you
know, have some coffee and play pool."
Driver: "So what's the
problem?"
Godino: "Well, your
mate almost ran me off the road back there."
Driver: "So what do
you want to do about it?"
Godino: "Well, I
wanted to put his head through the windscreen."
Mr Godino then saw the
driver turn so that he was facing towards him and raise an arm
which held a pistol.
The pistol discharged
several shots in succession.
Mr Godino was struck in the
arms as he attempted to duck down out of the line of fire.
He then heard the Commodore
wheels screeching and the engine revving hard, as it accelerated
away.
He noted that the
registration number of the car commenced with the letters POY.
Mr Godino was bleeding
profusely as he steered his car along Salamander Road and into
Clematis Drive where he stopped again.
He attempted to secure some
help from residents by calling out and he attracted the
attention of Mr and Mrs Vella who resided in Clematis Drive.
They went to his assistance
and contacted the police and ambulance services.
Mr Godino, who was lying in
their driveway, requested them to write down some information.
Mrs Vella obtained a pen
and paper and her note of what she was told was tendered without
objection in the trial.
The note read "Rocky,
silver Commodore, Golden Star, Brunswick.
Gudino Vince, St Albans,
0418 129 663, Tracy wife".
Counsel for the applicant
also indicated that no objection was taken to the introduction
into evidence of a conversation which took place in the driveway
of Mr Vella's home between Mr Godino and two police members.
That evidence was given by
Senior Constable Davis who said that, when asked what had
happened, and where was the gunman, Godino said:- "I was
shot by a guy I know. His name is Rocky or Rocco. I knew him
from the Golden Star Café in Lygon Street, Brunswick. He was
driving a silver-coloured late model Commodore sedan. I got the
letters of his registration, POY. He shot me with a pistol and
then he drove off."
As to where he was when
shot, Mr. Godino said:- "Just around the corner in my car.
Just as I got to this place I saw him come back again and that's
how I got this rego."
Arico was
subsequently arrested at Tullamarine Airport in the company of
notorious drug dealer Carl Williams at whose
home the vehicle POY 007 was subsequently located by the police.
A fired cartridge case was
found in the front passenger door pocket of this vehicle.
Material swabbed from the
steering wheel was subjected to DNA analysis by a scientific
officer named Chris Tzaikou.
He expressed the opinion
that it contained biological material contributed to by at least
three donors.
The witness calculated that
the possibility that the applicant had been one of them was
about 27,000 times greater than if the material had been
contributed by three unknown persons.
Henry Glaser, a firearms
and tool mark examiner, identified the fired bullets and
fragments and a fired jacket as being a 9 mm Parabellum
ammunition.
He said that all the fired
bullets and bullet jackets had been discharged from the same
firearm.
Harold Wrobel, a forensic
science officer, said that there were no gunshot residues
located in the car POY 007, but added that this was of little
consequence as this examination was conducted
three
days after the event.
Senior Sergeant Benedetti
stated that, between 1985 and 1996, he was a Sergeant of Police
at Brunswick Police Station.
He was familiar with a
café in Sydney Road, Brunswick known as Dante's Café owned by
two men named Tony Arico and John Arico.
From time to time he would
see a young boy there, whom he knew as Rocco.
He identified the applicant
as this person.
Tony Arico and John Arico
were also connected with another business in Brunswick, known as
Jupiter's Café.
There was also a café/pool
hall and amusement parlour in the rear of those premises called
the Golden Star Café.
As the witness recalled it,
in later years the applicant worked on occasion behind the
counter at the Golden Star or Jupiter's Café.
Detective Senior Constable
Dean gave evidence that the address in Salamander Drive which Mr
Godino gave as the location where the Statesman vehicle was
parked was the residence at the time of a person known to the
applicant.
On July, 2000, the witness
showed Mr Godino a photo board containing 12 photographs of
different men, each of which had been digitally altered so as to
depict the subject with a blackened right eye.
The applicant was one of
those persons depicted.
He was identified by Mr
Godino as the person he earlier recognized.
He said, however, that at
the time of the shooting the applicant did not have a blackened
eye.
As we understand the
position, it was common ground that the applicant on his arrest
had become involved in an altercation with the some of the
arresting police during which he received injuries to his head
and face.
Afterwards, he was seen to
have a blackened left eye.
Although at the trial the
suggestion was raised that his left eye might already have been
blackened at the time of the attack on Mr Godino, there was no
evidence to support this proposition save that of a pathologist,
Dr. Byron Collins.
He said that he had been
supplied with some material, including hospital admission notes
and a set of photographs taken of the applicant on 18 July 2000
and he expressed the opinion that the black eye injury could
have been present on 15 July.
He agreed that he had never
seen the applicant.
The presence of a blackened
left eye, if there was anything to suggest that the applicant
had earlier sustained such an injury, could have undermined the
purported recognition of the applicant by the complainant but
there was literally nothing in the evidence that was capable of
breathing even a flicker of life into this conjectural
possibility.
Detective Senior Constable
Dean said that he had obtained the driver's licence photograph
of the applicant's cousin who was also known as Rocco Arico.
Two copies of that
photograph were tendered.
In appearance the person
shown in those photographs is distinctly different from both the
applicant himself and the photographs of the applicant tendered
in evidence.
The applicant stood mute at
the trial but adduced evidence from three witnesses.
The evidence of the first,
Richard Byron Collins, has already been mentioned.
Antonio Gelsomino, the
second witness, stated that with two other persons, Giovanni
Arico and Gaetano Pasano, he opened the Golden Star Café on 5
December 1989.
He stated that they
conducted a pizza shop business in adjoining premises in Lygon
Street.
His partner Giovanni Arico
had a son called Rocky or Rocco who sometimes worked in the shop
making pizzas or coffee.
This partner's brother,
Tony Arico, also had a son called Rocco who was the applicant.
The applicant never worked
in the restaurant although he occasionally came in with his
father to play pool.
Giovanni Arico, the third
witness called by the defence, stated that he had a son, Rocco,
who was born in 1974.
He stated that when his son
was a teenager he would come in after school and work in the
pizza shop.
He stated that his brother
Tony is the applicant's father and that the applicant had never
worked at the Golden Star Café.
In 1992 he said the
applicant would have been aged about 14.
He also asserted that a boy
of that age would be too short or small to be able to make a
pizza with the ovens that they had.
On June
27, 2001, Justice John Coldrey said the shooting of a trapped motorist had brought a new
and intolerable danger to road users
He jailed 22-year-old Rocco Arico
for nine years with a minimum of seven
after Arico was found guilty of attempting to
murder Vincenzo Godino.
In the Supreme Court, Justice
Coldrey said Arico fired six
shots from a powerful handgun into the parked car of Vincenzo
Godino, 29.
Mr Godino, secured by his seatbelt, was hit five times.
He
was struck on his forearms, abdomen, right elbow and shoulder
and feared at any moment he would be dead.
On December 17,
2001, Rocco Arico and Terrence Chimirri pleaded guilty to kidnapping for
ransom over the incident on August 2, 1999.
The
court heard that Dino Dibra was the architect of the daylight kidnapping in Ardeer.
On December 20, 2001,
Arico, Chimirri
and Kocoglu
were jailed for more than four years.
Chimirri appeared overjoyed at
his prison term and celebrated loudly as he was led to the County Court cells.
Chimirri and his two co-accused
high-fived each other as they left the court to begin their sentences.
Judge Graham Anderson said
Dino Dibra wanted money he believed the victim owed
him.
The judge said the others
were led in the scheme by Dibra.
Judge Anderson jailed
Arico for four and a half years, increasing his minimum remaining term to more
than seven years' jail.
Chimirri was ordered to
serve a minimum of two years' jail.
Kocoglu was also jailed
for four and a half years.
Adam
Shand, the excellent Bulletin journalist, wrote that On April 15, 2003,
career criminal, Nik Radev and a companion were travelling in
his black late-model Mercedes coupe in company with a third man, who was driving behind them in a silver
Toyota.
At about 4.35pm the Mercedes parked near
neighbourhood shops at the side of Queen St and about
25m from the intersection of Reynard St.
The Toyota pulled up next to it.
The three men then got out and began talking by
the roadside.
A shooter and a getaway driver
had been sitting in a car in Queen Street, waiting to
intercept Radev and shoot him as he got out of his car.
The shooter's car drew up
alongside Radev, and a man
allegedly jumped out and poured rounds from a revolver and a
pistol into Radev's back and head.
Radev's body was found in the street beside his
car. Police said they had two witnesses
who were on the scene and that they had confessed to having a
hand in the conspiracy to kill Radev.
One helped lure the gangster to
the killing ground, the other even drove the getaway car.
Both nominated the late Andrew
''Benji'' Veniamin as the shooter, but who ordered the killings
is a matter of great dispute.
Shand also wrote that the
driver of the getaway car had history with Radev.
A year before, in Port Phillip
prison, this man had interceded in a dispute between Radev
and another prisoner, Rocco Arico.
There, had been oaths of revenge
sworn. |