The brother of colourful Illawarra criminal Troy Fornaciari has been released from custody to enter full-time residential drug rehabilitation after he stole a motorbike, a court has heard.
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Jason Fornaciari, 34, is the brother of one-time Finks bikie Tory Fornaciari, who has served jail-time for his involvement with the South-Coast chapter of the outlaw motorcycle gang and is infamous for having facial tattoos that include "not guilty".
Jason Fornaciari was allegedly captured on CCTV footage dressed in a black jumper and wearing an army camouflage face mask at a unit block on Werowi Street, Dapto about 1.40am on August 3.
Police allege Fornaciari and his mate Keith Zarb went to the unit block to steal motorcycles parked in the common garage area, entering by forcing open a fire exit door.
The men allegedly wheeled out a 2018 green Kawasaki motorbike.
They started to move a 2021 CF Moto bike before the left it behind in the middle of the garage.
The CF Moto owner noticed his bike had been moved and the Kawasaki was gone before he called the police. Zarb's fingerprints were allegedly found on the bike.
About 1pm the same day, a real estate agent saw the motorbike hidden behind a building on the Princes Highway, Dapto, about 50 metres away from the unit block.
Police checks revealed Zarb and Fornaciari were seen together and live in opposite rooms in a Port Kembla unit block.
On August 9, police went to Zarb's home and found clothing allegedly matching the description he was seen wearing in the CCTV footage.
Zarb was not at home but Fornaciari opened his door to officers before he was arrested.
Police allegedly found a different stolen motorbike in the unit as well as a large amount of power and hand tools, as well as clothing matching those seen in the CCTV footage.
Fornaciari was charged with aggravated break and enter in company stealing, two counts of goods suspected in premises and not complying with COVID restrictions.
He has been in custody since his arrest and applied for bail in Wollongong Local Court on Monday.
Defence lawyer Matthew Ward said the rehabilitation centre would notify police if Fornaciari did leave the program.
He conceded Fornaciari had a lengthy record but drug addiction had been an underlying factor throughout his life.
Mr Ward said his client needed help to get and stay clean and he had never done full-time residential rehab.
Mr Ward also suggested the alleged offence was "not the most serious example of aggravated break and enter".
Police prosecutor Sergeant Ben Bragger opposed bail given Fornaciari's lengthy criminal record which included a history of break and enter offences, noting he was on parole at the time he allegedly stole the bike.
He said Fornaciari was still "quite capable" of committing break-ins in the Newcastle area if he left the rehabilitation program.
Magistrate Claire Girotto agreed to grant Fornaciari bail on the basis he will be released into the "quasi custody" of the rehabilitation centre.
As a condition of his bail, Fornaciari must report to police immediately if he exits the program, can not use drugs and cannot enter the Illawarra unless to attend court.
The case was adjourned to November 24.
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