Toby Mitchell shouldn’t contact with other bikies as a part of of strict bail conditions after he was arrested for an alleged affray.
Police allege that Mitchell while being with associate hit his victim three times near South Yarra cafe Gilson on October 4.
The alleged assault was caught on CCTV making grounds for arrest.
On Tuesday lawyer of Toby Mitchell, Damian Sheales, accused police of “grandstanding” and unnecessarily taking his client to court instead of releasing him from the police station based on information that Mr. Mitchell had called police after learning they were investigating him over the alleged incident before arrest.
Mr Sheales told that “Mr Mitchell does is slap [the victim] with an open hand three times and the fellow doesn’t even lose his drink. It’s the most minor incident in the world”.
Mitchell was charged with affray, intentionally causing injury, common law assault and unlawful assault.
As Brisbane Times reports, Senior Constable Lauren Kane told the court the victim had refused to make a statement about the alleged assault and was “in fear of his life”, forcing police to seize CCTV footage from the nearby area to investigate the matter.
She said the footage showed Mr Mitchell, the president of the Melbourne Mongols chapter, repeatedly hit the victim to the face as the man held a beer and attempted to retreat back into the cafe while members of the public watched on.
The officer said that days later, Mr Mitchell and several fellow Mongols members were then seen outside the cafe in a display of “intimidation”.
The reason for the dispute remains unknown.
Magistrate John Bentley granted Mr Mitchell bail on the conditions he not associate with other Mongols MC members, not leave Victoria, not contact prosecution witnesses or go within 150 metres of the South Yarra cafe.
Toby Mitchell is expected to return to court in March.
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Eric Silbermann for biker-news.com