Ex-Fink bikie Mark Andrew Sandery guilty of gun charges despite judge's misgivings Former Finks bikie gang member Mark Sandery has been found guilty of possessing a powerful assault rifle. A FORMER Finks bikie has been found guilty of firearms charges, despite a District Court judge finding there was "reasonable doubt" he knew about the powerful assault rifle. Judge Sidney Tilmouth today said a quirk in firearms laws - which reverses the traditional onus of proof on to the defendant - meant Mark Andrew Sandery was guilty of possessing a firearm without a licence and while under a firearms prohibition order. Sandery had pleaded not guilty to possessing the SKS semi-automatic assault rifle and 700 rounds of ammunition found at his former Semaphore home in December 2011. His lawyer argued Sandery had no knowledge of the gun and was living in a safe house in Melbourne after his 11-year-old son was shot in the leg by intruders two months earlier. Sandery's lease was set to expire two days after the police raid and argued the weapon had been left there by another man whose fingerprints were found on the weapon. Judge Tilmouth said a provision of the Firearms Act, introduced in 2008, reverses the traditional common law onus of proof of possession back on to the defendant. "Ordinarily at Common Law, proof of possession entails demonstrating physical contact or custody by the accused, coupled with an intention to possess," Judge Tilmouth found. However, the legislation stipulates the accused must prove on balance of probabilities that they "did not know or could not reasonably be expected to have known that the firearm was on the premises." Judge Tilmouth said Sandery had failed to prove on balance he did not have control of the property because he had been there two days before the raid and found the former bikie's evidence was "unsatisfactory in many respects." "Despite the existence of a reasonable doubt as to guilt and a reasonable hypothesis consistent with innocence, he fails to prove the probabilities are that he did not know or could not have been expected to know of the presence of the SKS rifle," Judge Tilmouth found. The accused is therefore guilty of both offences and the verdicts are entered accordingly. Sandery shook his head as the verdict was announced and then smiled and gave thumbs-up to supporters in the court. Sandery was repeatedly denied bail while awaiting trial because of threats aired on Channel 7 news, six days after three or four men broke into his Semaphore home and shot his 11-year-old son in the leg as he slept. In the footage, Sandery said: "We'll unturn every rock and we will find you, you f**king dogs. Touch kids and see what will happen to you. He has been in custody since February last year and was remanded for sentencing submissions next month.