Accused Mongols bikie Harley Barbaro alleged to have organised bashing of man outside Gold Coast gym

Alleged Mongols bikie Harley Barbaro “may well have been the instigator” of a “vicious” bashing of a man outside a Gold Coast gym, a magistrate said during a bail hearing.

Alleged bikie Harley Barbaro “may well have been the instigator” of a “vicious” bashing of a man outside a Helensvale gym, a magistrate said during a bail hearing.

Accused Mongols gang members Barbaro and Matthew Hutchins both faced Southport Magistrates Court on Tuesday for the completion of their bail applications.

Barbaro being walked into the Southport Watchhouse.

The pair, along with Sonny Jenkins, Luke Maksoud and Tama Lewis, are alleged to have beaten Dale Moore outside the Iron Asylum Gym about 2pm on February 28.

All five men are charged with assault occasioning bodily harm in company and while a member of a criminal organisation.

Mobile phone footage of the evidence played to the court appears to show a group of men punching and kicking Mr Moore while he tries to get into his car.

Mr Moore has not made a complaint to police.

The court was told the attack was arranged after Mr Moore allegedly threatened to shoot a woman and burn her business down.

The woman was in contact with Barbaro, the court heard. Mr Moore has not been charged with any wrongdoing.

On Monday, Jenkins was denied bail while Lewis and Maksoud did not apply.

Magistrate Catherine Pirie adjourned Barbaro and Hutchins’ cases to Tuesday morning.

Magistrate Pirie denied Barbaro bail.

Other alleged Mongol members.

“Barbaro is very deliberately present and whilst he can be seen at one point to point that perhaps the victim should leave,” she said.

“That is something a jury should look to… he may well be the instigator of the plan.”

She said the case against Barbaro was “very, very strong” and said in her view the evidence was “overwhelming”.

Magistrate Pirie also noted that Barbaro was placed on bail on February 23 for allegedly consorting and released on his own undertaking on February 25 for an alleged serious assault.

Prosecutor Codi Dalley handed the court an affidavit relating to text messages allegedly sent between the woman and Barbaro.

Gear in paper bags in the back of a police car.

In one the messages Barbaro allegedly told the woman: “we will sort everything out”.

Barbaro’s lawyer Campbell MacCallum, of Moloney MacCallum Lawyers, said: “There is no evidence of any conversation that relates to organising a number of people to assault the victim in this matter.”

Mr MacCallum said Barbaro tried to de-escalate the situation.

“It is open that the confrontation morphed into the level of violence that was never intended,” he said.

Less than half an hour earlier Magistrate Pirie had granted Hutchins bail and strict conditions.

It is alleged Hutchins at one point armed himself with a small implement and made stabbing motions towards Mr Moore.

Magistrate Pirie said Hutchins was in a different situation to the others as he was not already on bail.

At the watch house.

The conditions granted include that Hutchins has no contact with Mr Moore, his co-accused or the woman, he abide by a curfew between 9pm and 5am, he report regularly to police, he only have one mobile phone and not download any encryption apps, he not travel interstate and he does not go within 100m of the gym.

All matters have been adjourned to April 26.

‘Blatant assault’: Bikie bashing accused filmed kicking man

March 7: An accused Mongols bikie told a woman “we will sort everything out” – and to enjoy her weekend – before organising the bashing of a man outside a Gold Coast gym, police allege.

The Southport Magistrates Court was also told on Monday that CCTV footage of the attack taken from a nearby business had been removed.

Harley Barbaro being escorted by police into the Southport Watchhouse on Friday.

Alleged Mongols bikies Harley Barbaro, Sonny Jenkins, Luke Maksoud, Matthew Hutchins and Tama Lewis are alleged to have attacked Dale Moore outside of the Iron Asylum Gym in Helensvale about 2pm on February 28.

The five men are charged with assault occasioning bodily harm as a member of a criminal organisation.

In mobile phone footage played to the court, the group is seen punching and kicking a man, who tries twice to get into a car. At one point he is kicked repeatedly while on the ground.

The video went for about three minutes.

The assault only stopped when Mr Moore, who suffered a wound to his shoulder, fled in a white Range Rover, according to the footage.

Mr Moore has not made a complaint to police, the court was told.

Alleged Mongol Harley Barbaro and lawyer Campbell MacCaullum outside Southport Magistrates Court. Picture: Lea Emery

Prosecutor Codi Dalley told the court Barbaro was alleged to have organised the attack, based on text messages sent two days earlier.

Ms Dalley said it was alleged a woman was owed money she had lent to Mr Moore to buy a car.

Barbaro sent her a text telling her not to stress and enjoy her weekend, the court was told.

Another text from Barbaro said: “Don’t worry we will sort everything out.”

Ms Dalley told the court: “(Barbaro) is culpable for arranging this attack and effectively being the co-ordinator of this incident.”

Barbaro is also charged with contravening an order to access his mobile phone and four counts of breaching bail.

The accused being driven to Southport Watchhouse.

Defence lawyer Campbell MacCallum, of Moloney MacCallum Lawyers, said Barbaro did not strike anyone during the attack.

“There is reference in the (court documents) that after the initial assault my client (Barbaro) is seen to be standing a little bit away from that and the assault then moves towards the back of those bushes,” he said.

“It’s just prior to that point that my client seems to advise the victim to go.”

Magistrate Catherine Pirie asked for more information and context on the text conversation, and adjourned the matter to Tuesday morning.

During the court proceedings for Jenkins she watched the mobile phone footage twice.

“It is a blatant assault which is prolonged, violent and in company,” she said.

“There are a number of offenders who all seem to take part.”

Magistrate Pirie said it was “absurd” to think the assault was consensual. She noted that he did not throw any punches.

She also read from court documents in which police allege someone was seen going into a neighbouring business after the assault.

The accused being driven to Southport Watchhouse.

When police went to get the CCTV footage from that business, the section from the assault was missing, the court was told.

“It is reasonably suspected that the CCTV was altered and investigations were ongoing,” Magistrate Pirie said.

Jenkins, 29, applied for bail.

The court was told he was already on bail for drug-trafficking charges.

He was also charged with possession of dangerous drugs for having a small amount of cannabis on March 4.

Defence barrister Marty Longhurst said: “It seems this person who was assaulted had made serious violent threats towards a female which caused her enough fear to go to police.”

Mr Longhurst said Jenkins had a job as a renderer and his partner was to give birth in about a month.

Magistrate Pirie denied bail and adjourned the matter to April 26.

Harley Barbaro being escorted by police to the Southport Watchhouse.

Maksoud did not apply for bail and the matter was adjourned to April 26.

Hutchins, who is accused of producing a small implement and making a stabbing motion towards Mr Moore, also applied for bail.

Hutchins’ defence lawyer Michael Gatenby, of Gatenby Criminal Lawyers, said: “The salacious quote is that he was stabbing the sharp implement at his neck and face.”

He said there was also an allegation Hutchins “jumped on the head” of Mr Moore.

“You can see him jump but would not say he jumps on the fellow’s head.”

Mr Gatenby told the court there were also references in the court documents that Mr Moore had made threats to shoot the woman involved.

Mr Gatenby said Hutchins had flown to Melbourne last Tuesday and arranged to return to the Gold Coast to surrender when he became aware police were looking for him.

He surrendered to police on Sunday night.

Magistrate Pirie adjourned the matter to Tuesday morning so she could consider evidence. She asked Mr Gatenby to draft proposed bail conditions.

Lewis did not apply for bail and his matter was also adjourned to April 26.

Alleged bikie accused of rival’s assault: ‘Sweet as’

March 5: Four of the alleged bikies accused of assaulting a man outside a Helensvale gym will spend the weekend in custody – with one remarking “sweet as” when told.

Harley Barbaro, Sonny Jenkins, Tama Lewis and Luke Maksoud all appeared in Southport Magistrates Court on Saturday morning charged with assault occasioning bodily harm while a participant of a criminal organisation.

It will be alleged up to five men assaulted a rival gang member outside a the Iron Asylum gym in Millaroo Drive about 2pm on February 28 before fleeing, in separate directions.

The alleged victim was left with a wound on his shoulder.

It will be alleged the fight started over a woman the group of men believed was being mistreated.

Barbaro, Jenkins and Maksoud’s lawyer Campbell MacCallum, of Moloney MacCallum Lawyers, asked for the matter to be adjourned until Monday.

Mr MacCallum said all three would apply for bail then.

“There is a fair bit of material I need to get through,” he said.

Barbaro and Maksoud were brought into the video link booth in the watch-house one by one to be informed of the adjournment.

When Barbaro was told he said: “Sweet as”.

Barbaro, 29, the brother of underworld figure Pasquale Barbaro, who was shot execution-style in Sydney in 2016.

Lewis’ lawyer Michael Gatenby, of Gatenby Criminal Lawyers, also asked for Lewis’ matter to be adjourned for a bail application.

He told the court Lewis had been in custody since Tuesday.

Lewis is also expected to apply for bail on Monday.

Originally published as Accused Mongols bikie Harley Barbaro alleged to have organised bashing of man outside Gold Coast gym