A fictional \u201cbro code\u201d governing male friendships in a cult TV series has been invoked in an Adelaide court to explain how two accused drug dealers were not the users of the phones prosecutors say they were.<\/p>\n
Brothers Robert, 29, and Francesco Errigo, 32, argued in the Adelaide Magistrates Court on Tuesday messages sent between two AN0M-enabled devices allegedly used by the pair could not be attributed to them beyond a reasonable doubt.<\/p>\n
The two men are arguing their case should be thrown out of court.<\/p>\n
The AN0M app was being secretly monitored by law enforcement authorities across the world before a series of arrests over a period of years, most recently in October.<\/p>\n
Scott Henchliffe KC, for Munno Para West man Robert Errigo, said the use of the term \u201cbro\u201d did not automatically mean users were biological brothers, citing a fictional code of ethics as proof the term was commonly among friends.<\/p>\n
\u201cThey then rely upon references to \u2018bro\u2019 and I don\u2019t know if Your Honour might have ever watched that series, \u2018How I Met Your Mother\u2019, a very popular, at the time, American series,\u201d Mr Henchliffe said.<\/p>\n
\u201cWhere, I\u2019m trying to think of the name of one of the main characters, but he wrote something he referred to as the \u2018Bro Code\u2019, and the \u2018Bro Code\u2019 was the code that could not be broken by brothers, and he didn\u2019t mean blood brothers, he meant brothers who were friends.<\/p>\n
\u201cAnd indeed the dictionary gives a number of meanings for \u2018bro\u2019, which includes a male sibling, sure, it includes a comrade or friend, it includes a friendly term of address particularly for a man. <\/p>\n
\u201c\u2018Bro\u2019 is a word synonymous for simply people who know each other or could be a sign of respect to somebody \u2026 It doesn\u2019t mean that\u2019s your brother and the prosecution really is grasping straws when it gets to that level to try to attribute a device to a particular person.\u201d<\/p>\n
The \u2018Bro Code\u2019 is a fictional set of rules from the beloved TV comedy How I Met Your Mother collated in a book created by notorious playboy character, Barney Stinson.<\/p>\n
The book contains rules that govern male friendships and the interactions between \u201cbros\u201d in the series. It was later published for fans of the show in 2008.<\/p>\n
Both men are yet to enter pleas to multiple counts of drug trafficking.<\/p>\n
Joseph Henderson, acting for Munno Para West man Francesco Errigo, seconded Mr Henchliffe\u2019s submissions, and pointed out planning documents relating to a veranda could not be connected to messages involving the word pergola.<\/p>\n
Prosecutor Peter Longson said the defence submissions were contradictory, and said you couldn\u2019t make the argument \u201cboth ways\u201d. <\/p>\n
\u201cYou can\u2019t have them both ways, you can\u2019t go \u2018this is permission from Veranda, this message is speaking about a pergola, obviously they\u2019re two different things,\u201d Mr Longson said.<\/p>\n
\u201cBut when it comes to the term \u2018cuz\u2019 or \u2018bro\u2019, \u2018oh well, that could be anybody\u2019 as opposed to being your brother or your cousin. It is more likely to be your cousin or your brother. <\/p>\n
\u201cIt\u2019s clearly an inference that\u2019s open to the draw, and so a veranda and a pergola might be the same thing.\u201d<\/p>\n
Ms Duncan reserved her decision.<\/p>\n
Earlier during the same hearing, an alleged ringleader of the drug syndicate, aged in his 30s and who cannot legally be identified, pleaded not guilty to 49 counts of various drug trafficking charges.<\/p>\n
Cousin to Robert and Francesco Errigo, 42-year-old Daniel Errigo, of Parafield Garden, pleaded not guilty to 15 counts of trafficking in a large commercial quantity and other drug charges.<\/p>\n
Roccoa Carbone, 66 of Waterloo Corner, pleaded not guilty 43 drug trafficking charges.<\/p>\n
A northern suburbs man in his 30s, who cannot legally be identified, pleaded not guilty to 11 drug trafficking charges.<\/p>\n
Pasquale Perre, 41 of Lewiston, pleaded not guilty to 18 counts of trafficking in a controlled drug and three counts of trafficking in a large commercial quantity of a controlled drug.<\/p>\n
Juljan Frrokaj, 32 of Glynde, pleaded not guilty to three counts of trafficking in a large commercial quantity of a controlled drug.<\/p>\n
Heidi Tomkins, 45 of Mawson Lakes, pleaded not guilty to six counts of trafficking in a controlled drug.<\/p>\n
Her Honour remanded each of the accused dealers to face the District Court for the first time in November.<\/p>\n
A northern suburbs man aged in his 50s, who also cannot be identified, is set to enter his pleas at a separate date in September as he faces an unrelated trial in the Supreme Court that month. <\/p>\n","protected":false},"excerpt":{"rendered":"A fictional \u201cbro code\u201d governing male friendships in a cult TV series has been invoked in an 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