Bail denied: Toothbrush shanks found in cell of bikie associate murder-accused

A $500,000 surety was not enough for a judge to grant bail for one of four men charged with the murder of bikie associate Levi Johnson, who was allegedly ambushed, beaten and stabbed.

Thomas Myler was refused bail. He is one of four men charged with the murder of Levi Johnson.

Sharpened toothbrushes were discovered in the prison cell of one of the four men charged with the murder of bikie associate Levi Johnson who was allegedly ambushed, beaten and stabbed to death in a vicious gang attack, a court has heard.

Thomas Myler, 36, was refused bail in the Brisbane Supreme Court on Thursday after a judge found his promise to abide by house arrest conditions and his mother’s offer to provide a $500,000 surety did not ameliorate the risks of him reoffending or failing to appear.

Myler is one of four men charged with the murder of Mr Johnson whom police will allege was ambushed in a brutal gang attack as he left a Mansfield gym in September 2022.

Levi Johnson who was stabbed at Goodlife Carina Heights.

Confronting footage of the incident was played in court showing Mr Johnson being ambushed, chased, punched and kicked before the fatal stabbing.

Prosecutor Clayton Wallace said another man Kyle Martin, 25, was alleged to have wielded the knife and struck the fatal blow.

“Your honour will see from the footage that the car isn’t even at its stop before the applicant (Myler) gets out clearly armed with something and makes a beeline straight for the driver’s window of the deceased and aggressively multiple times struck the window,” he said.

“So focused was he on the deceased that he, by hell or high water, would get access to him.”

He said Mr Johnson had managed to escape out the passenger side and ran away.

“And still while he’s being pursued on foot by one of the group, the applicant (Myler) gets back in the car, makes his way across the road clearly with Martin and immediately gets out and starts assaulting now three on one while the deceased was shielding himself instead of defending himself in any real way,” Mr Wallace said.

“So all of that collectively demonstrates the joint purpose or the joint intention in our submission….”.

Thomas Myler. Picture: Queensland Police

Mr Wallace said Myler, who has been on remand for 440 days, had a lengthy criminal history and had been due to appear in court on the day of the alleged murder, meaning the alleged offending either breached his bail or was committed while he was at large.

Mr Wallace tendered information from a Queensland Corrective Services intelligence officer who reported Myler was on a safety order in custody and that two sharpened toothbrushes had been discovered in his single-occupancy cell.

“There are concerns about anti-social behaviour through the finding of material in his cell,” Mr Wallace said.

Defence lawyer Andrew Owens said there was no evidence that his client was aware another offender had a knife on the day of the alleged attack.

“While yes he accepts he involved himself in this violent assault upon the victim, but it appears clear or at least a strong inference that Mr Martin acted alone and there is limited information to draw the inference against the applicant that he (was) aware of what was about to happen,” Mr Owens said.

He said Myler had strong family support and that his mother was willing to offer a half million dollar surety to secure his release.

He said Myler was also willing to abide by any bail conditions imposed, including daily reporting, abiding by a curfew and engaging with mental health supports and drug rehabilitation services.

Kyle Martin. Picture: Queensland Police Media

Justice Catherine Muir refused Myler bail, finding he remained an unacceptable risk of committing further offences and of failing to appear.

“In my view, this was serious criminal offending that occurred in broad daylight in a built up suburb,” she said.

“It was committed in combination with others and he presents a risk to the safety or welfare of others by virtue of the alleged offending.”

Myler has been on remand for 440 days since September 16, 2022. His case will be mentioned again in the Brisbane Magistrates Court next week.