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14 July 06

 

Biker jailed over machine gun

The sergeant at arms of a motorcycle club who kept a cache of guns in his Melbourne home has been sentenced to five years in jail.

Bros motorcycle club member Simon Henri Pienaar, 43, of Yarraville, was found with a machine gun, pump action shotguns and handguns when police searched his home on July 6 last year.

He pleaded guilty to six charges of possessing the 10 unregistered firearms, but claimed in court that they belonged to a former club member, who cannot be identified.

Pienaar also had pleaded guilty to possessing amphetamine, three charges of obtaining property by deception, attempting to pervert the course of justice and using false documents.

He admitted owning one loaded handgun, which he said was to protect himself against the owner of the other guns.
The handgun contained four bullets, and Pienaar said he had been practising with it in his backyard, "in my fernery actually".

The Victorian County Court, Judge John Nixon said the evidence of other Bros members to support Pienaar's explanation about the guns had "bordered on the ridiculous".

Judge Nixon said all the guns, except one, were "capable of being used in a wide variety and range of crimes".
However, he also said he could not be satisfied that Pienaar was, as police alleged, in charge of keeping the guns as part of his duty to the club.

He sentenced Pienaar to a minimum two years and six months in jail.
He was also fined a total $3,500 for charges of drink driving, assaulting police, possessing a controlled weapon, possessing ammunition and driving whilst disqualified.