The ex-bikie, the millionaire and the stabbing in the park
FORMER bikie Steve Smith's bottom lip trembled, his eyes became red and he struggled to hold back tears while being sentenced for stabbing millionaire Paul Picone in a Gold Coast park.
Soon after, Smith's three-year-old son entered the courtroom: "Why do we have to say goodbye to daddy?," he asked.
Smith's victim was not in court and in a previous hearing he gave evidence from a special area in the courthouse to avoid being in the same room as Smith.
The 34-year-old's sentencing in the Southport District Court for the grievous bodily harm and assault occasioning bodily harm was the final part of a two-year saga.
The ex-Black Uhlans bikie was sentenced to four years prison for the grievous bodily harm.
He will be released on February 5 next year when the sentence will be suspended. He was sentenced to 18 months prison for the assault to be released on parole on the same date.
The real-life drama started with an alleged sexual encounter between Smith's wife Carly Smith and Mr Picone.
On August 1, 2018 Smith was in his Helensvale home with his wife when he saw a Snapchat message from Mr Picone on her phone.
"I loved today, can I do it again?" the message read. It was referring to an act of oral sex, according to court documents.
Mr Picone had employed Mrs Smith's cleaning company to look after a number of his properties across the Gold Coast.
The message sent Smith into a rage and he used Mrs Smith's phone to contact Mr Picone to arrange a meeting.
"He stated that he needed five minutes of (Mr Picone's) time," court documents said.
"(Smith) said words to the effect of that he wouldn't sleep tonight if it wasn't sorted today."
The pair arranged to meet at Firth Park, Mudgeeraba that afternoon.
Mr Picone arrived in a Bentley. Smith drove his ute.
At the sports fields, Smith made a phone call overhead by a witness.
"Take care of my wife and kids," Smith was heard saying.
Moments later he frtoned Mr Picone and demanded to know if he was sleeping with his wife, the court was told.
The argument turned physical and Smith punched Mr Picone, knocking him down.
While Mr Picone was on the ground, Smith took out a 10cm flick knife and stabbed Mr Picone in the ribs.
The knife punctured Mr Picone's lung, causing it to fill with fluid.
Smith fled but was later stopped by traffic police conducting random patrols nearby.
Photos of Mr Picone's injuries tendered to the court and seen by the Bulletin showed significant bruising to his face.
He also had large, dark purple bruising on his torso, from his ribs stretching down to his waistline.
Mr Picone did not provide a victim impact statement.
The millionaire has not spoken publicly about the stabbing.
At one time he and his father, Frank Picone - affectionately known as the grandfather of the management-rights industry on the Gold Coast - owned the management rights to six of the biggest Gold Coast high-rises, including the Chevron Renaissance in Surfers Paradise and Wave in Broadbeach.
Mr Picone, a father of three, is of average height and about 20 years older than Smith.
The ex-bikie is an imposing man - tall and broad-shouldered which blonde hair cropped tightly to his head and a tattoo at his throat.
Smith played rugby league for the Penrith juniors as a teenager before becoming a bricklayer and then establishing a cleaning business with his wife. Two years ago they purchased a carvery in Highland Park.
The ex-bikie gave up his colours at least 10 years ago and has not been before the courts since 2014.
Judge Katherine McGinness made note of his build during the sentencing proceedings.
She also commented on the allegations of a sexual encounter between Mrs Smith and Mr Picone.
"According to the complainant (Mr Picone), he and (Smith's) wife commenced an affair," she said.
"I am aware through material (Smith's) wife claims to be sexually assaulted by Mr Picone."
The court was told police investigated the claims but they were unsubstantiated.
Judge McGinness accepted that either scenario would have been "distressing" for Smith.
For the first time it was revealed yesterday that Smith suffers from bipolar.
A medical report tendered to the court revealed the mental health condition would have impaired his ability to control his reactions.
Defence barrister Tony Kimmins, instructed by Moloney MacCallum Abdelshahied Lawyers, said Smith had been dealing with mental health issues since 2010.
Originally published as The ex-bikie, the millionaire and the alleged affair