Bikies Toby Elvey, Matthew Rizzo front County Court but appeal adjourned

A County Court judge has reluctantly postponed an appeal against the sentence handed to two bikies after they couldn’t pay their lawyer, although he was unimpressed with the application.

A County Court judge has granted an adjournment in the case of two bikies involved in a public bashing at a Geelong bar, despite being unimpressed with their lawyer’s application.

Toby Elvey and Matthew Rizzo assaulted two strangers in Manhattan Bar on James St on October 22, 2023, with one victim left with facial fractures and nerve damage.

Both men are patched members of the Bandidos outlaw motorcycle gang, according to police.

On April 14, after pleading guilty to intentionally causing injury last year, the pair were placed on community corrections orders in the Geelong Magistrates’ Court.

However, the prosecution called for jail time and the Director of Public Prosecutions Brendan Kissane KC signed appeal papers on May 7.

A screenshot from Manhattan Bar’s CCTV, showing Bandido bikies Matthew Rizzo and Toby Elvey brutally assaulting a man. Picture: Magistrates’ Court of Victoria.

The papers were subsequently served on the duo across May 13-14 and the appeal was listed to be heard on Wednesday before Judge Gerard Mullaly.

When the matter was called, the pair’s solicitor Catherine Azzopardi applied for an adjournment, informing the court her firm was “not in funds”.

Judge Gerard Mullaly asked if Ms Azzopardi had any evidence to support her application.

“It’s not a warning whistle that we’re thinking about the case being heard … these cases should proceed on the day that they’re listed,” he said.

In his ruling, Judge Mullaly said he found the application was unsatisfactory and “not at all soundly based” but granted an adjournment because the men faced jail.

Judge Mullaly said what happened between the men and their lawyers after they were served with the appeal was “unsatisfactorily unclear” and lambasted the lack of evidence in support of the application, such as affidavits.

He said applications for adjournments should be based on evidence, as was “said plainly 70 years ago”.

“Why there are some criminal solicitors, and perhaps barristers, who do not understand this … is bewildering to me,” Judge Mullaly said, adding it was “simply inadequate and should be remedied immediately”.

A screenshot from Manhattan Bar’s CCTV. Picture: Magistrates’ Court of Victoria.

Even as the application unfolded there was “little clear information”, Judge Mullaly said, and Ms Azzopardi’s answers “illuminated very little”.

He said there was no information provided around payment, or plans for payment, other than there had been a verbal discussion, nor what preparation had taken place prior to the appeal or whether the pair had been advised of the potential of an appeals cost certificate.

“It appears the solicitor did not appreciate and thus did not communicate this legal issue to the accused,” Judge Mullaly said of the latter.

It took it being “extracted” to learn that “in fact no fees had been paid to date”.

Judge Mullaly noted Rizzo and Elvey had been on notice for more than two months, “a lengthy enough period”.

While he did ultimately adjourn the appeal, Judge Mullaly said “it ought not to be seen to be an outcome without consequences” and “delay is inherently corrosive to justice”.

However, the Crown was urging the men to be jailed; the appeal had “high stakes”, with both men “facing consequences where everything should be put”.

“It is for that reason and that alone that I adjourn this matter,” he said, adding that rejecting the application would “leave the accused represented by Ms Azzopardi” who, in his view, was “not prepared sufficiently”.

He warned there would not be any further adjournments.

The appeal will next be listed in the County Court’s September circuit in Geelong.

Originally published as Bikies Toby Elvey, Matthew Rizzo front County Court but appeal adjourned