Magistrate Duncan Reynolds found
there was enough evidence to send her for trial.
Ms Garde-Wilson
was granted bail
but was told to hand in her passport.
On June 28, 2007, 166 and his
partner won the right to another hearing after being expelled from
the state's witness protection program.
The couple successfully applied in
the Court of Appeal to have Police Integrity commissioner George
Brouwer re-hear their case.
They will remain under 24-hour
protection for at least 17 days after the appeal court granted a
two-week stay on the decision.
After that fortnight expires, Mr
Brouwer has 72 hours in which to hear and decide the case.
166 will also be eligible with his
partner for police escorts three times a week while they attend to
domestic duties.
The Court of Appeal ordered a
re-hearing after finding Mr Brouwer made a jurisdictional error in
determining the appeal.
"But the director is scarcely
to be criticised on that account," the three appeal court
judges said.
"The risk of error was always
going to be high once Parliament made provision for an appeal in
novel circumstances without stating expressly what kind of appeal
it had in mind."
The court's president, Justice
Chris Maxwell, and Justices Marcia Neave and Robert Redlich upheld
the appeal.
They adjourned an argument about
legal costs.
On September 20, 2007,
a court was told that Mario
Condello bought an
arsenal of guns from a sex shop owner
during the height of Melbourne's
underworld war.
Adelaide
porn king Bill Nash's plea hearing
took place in the Adelaide District
Court after Nash earlier
pleaded guilty to several weapons
charges.
Nash
was introduced to a Condello gang
member by former Melbourne gun dealer
George Joseph.
Joseph
was convicted in 1984 of conspiring to
kill anti-drug campaigner Donald
Mackay, whose death was ordered by the
Calabrian mafia.
Mr
Mackay was executed in Griffith, New
South Wales in 1977.
Joseph
provided the weapon used to shoot Mr
Mackay and was jailed for seven years.
Documents
before the District Court in Adelaide
reveal Joseph introduced Nash to the
Condello gang member about five years
ago.
That
gang member bought guns for Condello
from Nash.
The
Condello gang member later became informer
166.
Nash,
62, has admitted providing the weapons
and is awaiting sentencing in
Adelaide.
The
Herald Sun reported it had seen the contents of
secretly taped conversations placed
before the court, in which Condello
organised to buy dozens of guns and
silencers from
Nash.
Condello's
purchases included an Uzi 9mm
sub-machinegun, a Colt .357 Magnum, a
Bentley 12 gauge pump-action shotgun,
several semi-automatic pistols and
ammunition for them.
There
were several gangland murders in the
nine months after Condello took
delivery of the first batch of
firearms in March 2003.
The
Herald Sun overturned a
suppression order in Adelaide's
District Court which had prohibited
identifying Condello's role in the gun
smuggling.
It did
so during Nash's plea hearing.
The
lifting of the suppression order has
enabled the Herald Sun to reveal
details of Condello's frantic
gun-buying spree.
Nash
owns two of South Australia's biggest
sex shops, has been a judge in the
Miss Nude Australia competition for
several years and used to operate
brothels.
166
told the ACC he bought 15 guns from
Nash for Condello and later arranged
for an undercover ACC agent to buy
nine more.
Many of
the guns bought by Condello were
seized by police before delivery, but
what hasn't been revealed until today
is that at least one shipment of
powerful weapons got through to
Condello.
166 told the ACC
in a statement tendered in court that
Condello asked him to buy guns for him
urgently in March and October 2003.
"He
told me he wanted me to get as many
revolvers that he could get,"
166's statement to the ACC said.
"He was desperate and agitated
and he made me promise that I would
get these guns for him."
Melbourne's
underworld war was at its bloodiest at
the time Condello began arming
himself.
There
were several shootings in the months
before March 2003, which police
believe prompted Condello's gun-buying
spree.
Some of
those murdered before and after
Condello tooled up were members of, or
associated with, Condello's Carlton
Crew -- or were rivals. And some who
did the killings had Carlton Crew
connections.
Nash's
plea hearing was adjourned to October
11.
On
September 27, 2007, 166 and his partner
were reinstated to the witness
protection program after winning an
appeal to the Office of Police
Integrity.
The
decision by OPI director George
Brouwer is the eighth ruling by
authorities in 15 months regarding the
couple.
In a
statement, Mr Brouwer said he upheld
the couple's appeal against the
original decision to terminate them
from the program.
"I
have been guided by the more recent
decisions of the Supreme Court. I have
also taken account of additional
information which has come to light as
part of the appeal process," he
said.
Legal
sources could not confirm whether
24-hour protection and police escorts
three times a week during domestic
duties would be returned to the
couple.
Earlier
this year, the Court of Appeal
returned the case to Mr Brouwer for
his second assessment, and restored
round-the-clock protection pending his
second decision.
The
process is complicated by a legal
requirement that the OPI determine an
appeal within 72 hours of receiving
it; all relevant evidence must be
considered.
In
June, the Court of Appeal granted a
seven-day delay on its decision, so Mr
Brouwer could read it without using
part of the 72-hour allowance.
The
appeal court said Ms Nixon had
provided a number of primary materials
to Mr Brouwer after deciding to
terminate the couple from the program.
The
material included threat assessments,
diary notes by officers protecting 166
and his partner, and press clippings
indicating 166 had provided certain
information to the media about his
involvement with the program.
Victoria
Police had no comment to make about
the case, a spokeswoman said.
On
September 27, 2007, it was reported
that drug boss Carl
Williams was to be assassinated in
Lonsdale St with an Uzi sub-machinegun
fired from a speeding motorbike. (Audio
Surveillance tape
Audio
Would-be killers)
Secret
Victoria Police surveillance tapes
obtained by the Herald Sun
revealed extraordinary new details of a
foiled execution plot hatched by rival
underworld kingpin Mario
Condello, who was himself later
shot and killed.
Condello
was secretly recorded by the would-be
hitman, who was actually a paid police
informer.
In a
series of CBD meetings in May 2004,
Condello is heard offering $300,000
for the murder of Williams, Williams'
father, George, and a bodyguard.
"You'll
have the f---in' money to cover you,
150 a f---in' head. Do ya
understand?" he tells the hitman.
"We
don't want to go around hurting
innocent f---in' people . . . but some
of these blokes from the western
districts or western suburbs . . .
they just want to take action . . .
you don't f--- 'em around.
"Until
they're f---in' gone, mate, there's
always going to be trouble."
In one
meeting at the Myer city store
cafeteria, Condello urges the hitman
to use a disguise while carrying out
surveillance on the Marriott Hotel in
Lonsdale St -- a favourite haunt of
Williams and his crew.
The
following day, in the David Jones
basement-level food court, the hitman
boasts about walking undetected
through the city streets with an
arsenal of weapons. "I was
standing in Spencer St with more
f---in' guns than the f---in'
army," he tells Condello.
He
explains how he will use an Uzi
sub-machinegun to kill Williams while
on the back of an accomplice's
motorbike.
"I'll
f---in' do it. I will f----in' do it .
. . f---in' Uzi. I got (name deleted)
on the bike. I'll do it so don't doubt
me. He (Williams) is gone. He's as
good as f---ing gone."
The
tape recordings were used by Purana
Taskforce detectives to charge
Condello with conspiracy and
incitement to murder.
But the
trial never went ahead after Condello
was shot in the garage of his Brighton
home in February 2006. His killer has
not been caught.
The
wire taps also shed new light on the
character of 166,
who remained under police protection.
166 was controversially
granted immunity in exchange for
testifying against Condello.
The
deal was struck after he was arrested
at an Adelaide train station with a
cache of illegal weapons including
five semi-automatic pistols, a .38
revolver, a shotgun and a 9mm Uzi with
silencer.
Police
had originally offered 166 and his
partner a $1 million protection
package, including relocation
overseas.
The
offer was withdrawn after 166 was
accused of unacceptable behaviour in
the protection program. He is
appealing against the decision in the
courts at taxpayers' expense.
The
failed attempt to use 166 as a star
underworld witness has come as a
severe embarrassment to police.
The
tapes also give an insight into
Condello's thoughts on the reasons
behind the underworld war.
In one
exchange, he appears to blame the
Moran family.
"It
was all about, ah . . . f---in', ah .
. . to let us know that we'd, ah,
f---in', that started with that
f---in' Moran," Condello says.
Lawyers
have since claimed Condello never
intended to go ahead with the murders
and was simply carrying out a charade
to obtain information about his
rivals.