Alleged Mongol Tama David Lewis granted bail accused of part in brawl outside Helensvale gym
Another alleged Mongols bikie gang member has been granted bail over a brawl outside a Gold Coast gym. LATEST
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Another alleged Mongols bikie gang member has been granted bail over a brawl outside a Gold Coast gym.
Tama David Lewis is alleged to have been involved in the attack of rival gang member Dale Moore outside of the Iron Asylum gym in Helensvale in broad daylight on February 28.
It is alleged the gym’s owner Donna Assi had contacted Mongols member Harley Barbaro, who said he would “sort out” Mr Moore.
Mr Moore has provided a statutory declaration claiming he consented to the alleged ambush.
Prosecutions have previously told the Southport Magistrates Court it was “nonsense” that Mr Moore had consented to the fight.
Mr Moore was left with bloodied and bruised eyes and nose, the court was told.
Eight people in total have been charged. All of them have been granted bail, except for Barbaro.
The court has previously been told that police believed Mr Moore was either a present or former member of the Rebels bikie gang.
On Tuesday, Lewis was the last to apply for bail in the Southport Magistrates Court.
He has been charged with assault occasioning bodily harm as a member of a serious organised crime.
Lewis’ lawyer Michael Gatenby, of Gatenby Criminal Lawyers, said Lewis was not present for a majority of the alleged attack.
“He comes sometime later and the allegation is he throws a punch at the back of the head,” he said.
Mr Gatenby said the extent of the allegations against Lewis was a single punch.
He said the prosecution case was weak.
“All you have is a group of men who like riding motorcycles and are members of the gym,” he said.
“That’s all you have got.”
Prosecutor Andreea Iordache said the police had a strong case despite the claims by Mr Moore he had consented to the assault.
Acting magistrate Rob Turra granted bail on strict conditions, including that Lewis not contact Mr Moore or the co-accused, he report regularly to police, he not leave Queensland and he not attend the Iron Asylum gym.
Magistrate Turra said he took into account Lewis’ alleged involvement, that he is working, and the risks could be lessened by the strict bail conditions.
The matter will return to court on July 19.
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Donya Anna Assi appeared in Southport Magistrates Court on Wednesday charged with assault occasioning bodily harm while in company.
During a lengthy administrative process, Assi, Samuel Joseph Pearce and Trent Nathan Young were added to the list of co-defendants alongside five accused Mongols – Harley Joe Barbaro, Sonny Brandon Jenkins, Tama David Lewis, Matthew Stephen Hutchins and Luke Dillon Maksoud.
Magistrate Kerry Magee amended the charges to include all the co-accused and adjourned the matters to July 19, except for Lewis who will make a bail application on Tuesday.
It is understood all defendants are contesting the charges.
Assi, the owner of the Iron Asylum Gym in Helensvale, is alleged to have contacted Barbaro to “sort out” Dale Moore.
Police believed Mr Moore was either a current or former member of the Rebels bikie gang, the court was told last week.
On the afternoon of February 28, Barbaro, Jenkins, Lewis, Hutchins and Maksoud are alleged to have gone to the gym and “ambushed” Mr Moore.
It is alleged Mr Moore was assaulted and suffered bruises.
The court was previously told Mr Moore had not made a statement to police.
Assi is alleged to have turned off the CCTV.
Last week, police prosecutor Sergeant Paige Barrow told the Southport Magistrates Court that Mr Moore had provided a statutory declaration claiming he consented to being attacked by the group.
“It is completely in opposition with the evidence and the idea he consented to the ambush is just nonsense,” she said.
A bystander captured video of a fight on mobile phone, the court has been told.
‘Just nonsense’: Alleged bikie says he let gang ambush him
May 31: An alleged bikie’s claim he consented to being “ambushed” by five bikies from a rival gang is “nonsense”, a prosecutor has told a Southport court.
Luke Maksoud applied for bail in Southport Magistrates Court on Tuesday charged with assault occasioning bodily harm and disobedience of a lawful order.
Maksoud is alleged to have gone to a Helensvale gym with other Mongols bikie gang members – including Harley Barbaro and Sonny Jenkins – ambushed Dale Moore and started a brawl.
It is alleged Mr Moore was left with a number of bruises.
Maksoud was on parole at the time, the court was told.
Police prosecutor Sergeant Paige Barrow said it was also alleged the owner of the gym had contacted the Mongols to “essentially sort out” Mr Moore.
She told the court Mr Moore was either a former or current member of the Rebels bikie gang.
Sgt Barrow said the gym’s owner had turned off the CCTV at the premises but bystander footage had captured the incident.
She told the court the Mongols had blocked Mr Moore’s car before the brawl.
Sgt Barrow said Mr Moore had provided a statutory declaration in which he claimed he had consented to being attacked.
“It is completely in opposition with the evidence and the idea he consented to the ambush is just nonsense,” she said.
Sgt Barrow said the court was dealing with a group that wanted to “bypass the law”.
Defence lawyer Michael Gatenby, of Gatenby Criminal Lawyers, said Mr Moore had not made a statement and not consented to his medical records being obtained by police.
“This is an offence that requires a complainant and here you don’t get one,” he said.
He also noted that the other accused in the matter had all been granted bail except for Barbaro.
Magistrate Janice Crawford granted bail and said the case was “not clear cut”.
“Having considered the relevant factors, including those that are laid out quite fully, there are some issues with this case as it proceeds,” she said.
“The evidence is by no means clear cut and whether or not the matter proceeds to trial is a matter that will take a significant period of time.”
Magistrate Crawford granted bail on a number of conditions, including that Maksoud reside at a Coomera address, report to police three times a week, not leave Queensland, abide by a curfew between 5pm and 8am and not contact any of the other defendants or Mr Moore.
The matter was adjourned to June 8 when the other defendants will also be before the court.
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