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Feared bikie boss Toby Mitchell has avoided Christmas behind bars over an assault on his birthday weekend after being granted appeal bail.
The Mongols president was jailed on Tuesday evening for two months just hours after his arrest over a drunken bar fight in Echuca last month.
However, the 47-year old will now be cut loose after his barrister Damian Sheales successfully argued for appeal bail just minutes after the sentence.
Toby Mitchell is back behind bars after the Christmas Grinch, aka Victoria Police, busted him over another alleged assault
Mitchell posted footage of Mongols members drinking shots in the streets of Echuca and riding around town on their motorbikes
Toby Mitchell was paraded by police in a video shared with the media upon his arrest on Tuesday
Mitchell, who stripped off his t-shirt to reveal his tattooed torso during a videolink before the Melbourne Magistrates’ Court on Tuesday night – will now be forced to stay off the booze and pay a $10,000 surety until his County Court of Victoria appeal next year.
Mitchell had no doubt been keen to resolve the matter rather than spend time in custody on remand waiting to contest the charges.
But Magistrate David Starvaggi threw the book at him, attempting to ruin his likely plans for a Christmas turkey at home with his bikie goons.
Mr Starvaggi jailed Mitchell for two months, bringing on the near immediate application for appeal and bail.
The court had heard Mitchell twice slapped a random bloke he had been drinking with for at least two hours at the American Hotel in Echuca – on the border of Victoria and New South Wales.
CCTV footage retrieved by police showed Mitchell in the company of a female when he lashed out at the man with a left fist to the face after a drunken argument.
When the man returned seconds later Mitchell slapped him to the ground and left the pub, but not before asking the manager to erase the CCTV footage of the incident.
Mr Sheales told the court the assault had been ‘garden variety’, with the victim not filing a complaint and simply getting back up to his feet and leaving the pub.
Mitchell pleaded guilty to common law assault and failing to assist police when they later asked him for access to his mobile phone.
Mitchell had earlier shared photos and videos of his trip to Echuca with the Mongols.
The former kickbox had taken to Instagram to show off his flashy birthday cake while partying with his bikie mates in the country Victoria town.
He also posted footage of gang members drinking shots in the street and riding around town on their motorbikes.
Toby Mitchell in 2018 (pictured) after a previous trip to Melbourne County Court
Mitchell had proudly shared video and images of his birthday party in Echuca
An Instagram post shared by Toby Mitchell during his trip to Echuca in November
Just hours before his guilty plea, Victoria Police proudly released video of their own featuring Mitchell in the form of detectives escorting him out of his Southbank apartment in chains.
Mitchell was originally charged with affray, common law assault, unlawful assault and failing to provide an access code for his mobile phone.
Mr Sheales had argued it was Mitchell’s ‘infamy’ as a bikie figure that had once again caused him to get into trouble with a stranger.
He told the court the man had been rude to Mitchell after hours of drinking with him.
Mitchell denied he had punched the man, claiming he simply slapped the drunk.
Mr Sheales claimed Mitchell was only charged after police caught onto the incident through the grapevine and asked the manager of the hotel for the CCTV, which he had not deleted despite the bikie’s request.
The highly respected barrister argued Mitchell would have likely been able to contest the matters, but had chosen to deal with them promptly in an effort to spare the court’s time and money.
Mitchell had hoped to be free for Christmas with a simple fine despite numerous prior convictions for assaults.
After making the arrest, Echo Taskforce Detective Inspector Graham Banks issued a warning to other bikies who may have plans to punch on over the festive season.
‘This arrest is about holding people to account for their behaviour, regardless of the situation or circumstances,’ he said.
‘The Echo Taskforce has a significant commitment to monitoring the behaviour of serious and organised crime groups such as OMCGs and where incidents like this occur, we will act.’
Inspector Banks said police would continue to deploy into regional Victoria whenever outlaw motorcycle gang members looked like they might start up trouble.
Toby Mitchell lays on the ground after being knocked out by a homeless man in Melbourne in October. The man (pictured far left) gave the bikie enforcer a decent send-off after he was dragged away by his mates
Victoria Police couldn’t help but share some video of their own after Mitchell had posted videos of his birthday in Echuca
Police prosecutors claimed jail would be appropriate for Mitchell, considering his status as a bikie boss.
It was further argued Mitchell’s ‘slap’ might have resulted in something far more serious.
In arguing for Mitchell’s freedom, Mr Sheales outlined all of the physical issues his client had suffered over the years.
The bikie has never been far from the headlines since being shot multiple times back in 2011.
Again, it was just a month from Christmas when Mitchell was shot six times outside a Brunswick gym while sergeant at arms for the Bandidos bikie gang.
He spent weeks in intensive care, underwent 30 operations and lost a kidney, gall bladder and most of his liver.
He was shot again in 2013 in another attempt on his life.
The shootings have left Mitchell a mess, with the court previously hearing he had had several organs removed and required up to 27 medications a day, some twice daily.
Toby Mitchell gets put down by a random homeless person with some fancy feet and powerful punches
Mongol bikie boss Toby Mitchell has been shot numerous times over the journey. He was once knocked out by a stranger on the street
Toby Mitchell’s body (pictured on his beloved bike) has been shot six times
Mitchell (pictured with Tammy Hembrow) is a veteran bikie and convicted criminal who has survived two attempts on his life and has spent time behind bars
It was just over a year ago Mitchell found himself back behind bars after an embarrassing video emerged showing him being knocked-out by a homeless man.
The video showed a ‘street kid’ dressed like a ‘lumberjack’ knock Mitchell on his behind after the bikie had enjoyed a boozy night out with mates.
Mitchell had picked a fight with the homeless man for no apparent reason before trying to punch on with the stranger.
The incident had seen Mitchell released on bail just before Christmas, but he was forbidden from mingling with other Mongols and confined to his swanky quarters between 8pm and 6am over the Christmas period.
In 2017, Mitchell was arrested over another Christmas brawl which saw him deck a drunk who was silly enough to disrespect his female companion.
Mitchell again received bail just before Christmas.
Source: Daily Mail