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Mongols boss Toby Mitchell ordered to stay away from bikie gang after being bailed on assault charge

A Melbourne court releases Toby Mitchell on bail but orders him not to have contact with his gang, because the magistrate wants to prevent the intimidation of witnesses.

Toby Mitchell, the boss of the notorious Mongols outlaw motorcycle gang, has been ordered not to have any contact with his members until next March after being granted bail over an assault charge.

Key points:
  • The court was told the victim suffered a facial fracture after being struck outside a South Yarra cafe
  • Toby Mitchell's lawyer said the man had been slapped three times with an open hand
  • The magistrate granted bail on the condition that Mr Mitchell to stay away from his gang until March next year

Mr Mitchell, 45, faced the Melbourne Magistrates' Court after being charged by police over an incident which happened outside a cafe in South Yarra.

But his lawyer, Damian Sheales, told the court he was "mystified" as to why his client had ended up before a magistrate.

"It's the most minor incident in the world," Mr Sheales said.

"We're just a bit amazed we're in the courtroom.

"He's known this fellow for years."

The assault allegedly took place on October 4 outside Gilson, a cafe in South Yarra.

Security footage allegedly showed Mr Mitchell striking a man three times before an associate held him back.

Detective Senior Constable Lauren Kane, from Victoria Police's gangbusting Echo Taskforce, told the court Mr Mitchell hit the man so hard that Mr Mitchell fell over.

The victim later went to the Alfred Hospital with a suspected facial fracture.

Victim too afraid to make a report to police

The court heard the victim had refused to make a complaint to police because he was "in fear for his life".

"He does not wish to provide a statement to police due to being in fear of the accused," Senior Constable Kane said.

Mr Mitchell has since been charged with affray, intentionally causing injury and unlawful assault.

A man with tattoos on his neck and head, wearing a black coat, top and dark sunglasses.A man with tattoos on his neck and head, wearing a black coat, top and dark sunglasses.
Toby Mitchell, pictured here in 2018, was ordered to stay away from the South Yarra cafe.(AAP: David Crosling, file photo)

The court heard that days after the incident, up to 15 members of the Mongols gathered outside the cafe as a "display of intimidation" towards witnesses.

Police opposed bail, telling Magistrate John Bentley that Mr Mitchell was an "unacceptable risk".

Senior Constable Kane raised concerns that Mr Mitchell would interfere with witnesses.

"The accused assaulted a person multiple times in what appears to be an unprovoked attack," she said.

Magistrate concerned about intimidation of witnesses

But Mr Sheales accused police of "grandstanding".

"What Mr Mitchell does is slap him with an open hand three times," Mr Sheales said.

"It's literally three open-handed slaps.

"The fellow doesn't even lose his drink."

Magistrate Bentley granted Mr Mitchell bail on strict conditions including that he not leave Victoria or go within 150 metres of the cafe.

"Keep him away from there, please," Magistrate Bentley said.

He also ordered Mr Mitchell not to contact any members of his club, despite protests from the 45-year-old's lawyer.

"I'm concerned with the allegation of intimidation and the fear of the witnesses," the magistrate said.

When asked by the magistrate if he understood that he was not to contact any members of his club, or prosecution witnesses, Mr Mitchell said: "Yes, your honour."

Mr Mitchell will return to court in March next year.

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