Mongols bikies Harley Barbaro, Sonny Jenkins and 4 others claim they had consent to ambush rival

A bikie has sworn he gave permission to six alleged Mongols gang members to ambush him outside a Helensvale gym in broad daylight - read what he told the court.

A bikie has sworn he gave permission to six alleged Mongols gang members to ambush him outside a Helensvale gym in broad daylight, a court has been told.

But a prosecutor claims alleged Rebels gang member Dale Moore is lying about consenting to the attack, stating the evidence does not fit.

Alleged Mongols Harley Joe Barbaro, Sonny Brandon Jenkins, Luke Dillon Tobin (also known as Maksoud), Matthew Stephen Hutchins, Trent Nathan Young and Tama David Lewis are all accused of ambushing Mr Moore outside the Iron Asylum Gym in Helensvale about 2.30pm on February 28.

The six alleged Mongols have been charged with assault occasioning bodily harm while a member of a criminal organisation.

Hutchins has also been charged with wounding.

Alleged Mongols bikie Harley Barbaro at Southport Court for a committal hearing into the bashing outside the Helensvale gym earlier this year. Picture Glenn Hampson

The men’s lawyers claimed the group had Mr Moore’s permission to attack outside the gym, a committal hearing in the Southport Magistrates Court was told on Wednesday.

Mr Moore has refused to provide a statement but the court was read a section of a statutory declaration he had provided.

“I willingly and consensually engaged in a physical altercation with all of them. It was a consensual fight,” the statutory declaration said.

In previous court proceedings, prosecutors said it was not clear if Mr Moore is a present or former member of the Rebels motorcycle gang.

On Wednesday, prosecutor Senior Sergeant Paige Barrow said the claims Mr Moore made about the fight being consensual “were inconsistent with the footage”.

She played CCTV of the incident as well as a witness’s mobile phone footage taken of the fight.

Alleged Mongols bikie Sonny Jenkins arrives at Southport Court on Wednesday. Picture Glenn Hampson

“He on a number of occasions tries to walk away … he is completely unaware of some of the assaults – Tobin hits him from behind,” Sen Sgt Barrow said.

The court was told the men also tried to block Mr Moore from getting in his Range Rover to get away.

Barbaro’s barrister Justin Thomas, instructed by Moloney MacCallum Lawyers, said it was impossible to separate the claims made by Mr Moore and the footage.

“What it shows is a fight that is already underway when the footage commences and it also shows some form of conduct on part of (Mr Moore) and that conduct appears … it demonstrates at least a degree of engagement on the part of (Mr Moore),” he said.

Mr Thomas said the footage did not show Mr Moore struggling to get away or racing to get away.

Alleged Mongols bikie Trent Young at Southport Court. Picture Glenn Hampson

The court was told Mr Moore’s alleged injuries were not seen by police until two days later.

A doctor examined photographs of Mr Moore and said the injuries may have been from the brawl and may have caused him pain, the court was told.

Tobin and Jenkins’ lawyer Jarrod Bell, of Bell Dore Lawyers, said his clients also believed the fight was consensual.

He said the evidence about the alleged injuries “was not sufficient to support bodily harm”.

Hutchins, Young and Lewis’ lawyer Demi Quadrio, of Gatenby Criminal Lawyers, echoed the assertions of the other lawyers, saying her client’s believed the fight was consensual.

The court was told Mr Moore had never made a complaint to police, his alleged injuries were only photographed after a forensic examination order and he had provided the statutory declaration to defence while bail proceedings for the six accused were taking place.

Mongols bikie Tama Lewis outside Southport Court. Picture Glenn Hampson

While waiting for court proceedings to start Barbaro, Jenkins, Young and Lewis were seen speaking to each other and laughing.

During a break in the matter they were seen holding up baby photos of their children to Tobin and Hutchins who are both in custody.

A part of their bail conditions includes they not have contact with each other.

Magistrate Jane Bentley said she would need to consider the brief of evidence provided and reserved her decision whether to commit the men to trial until a date to be fixed early next year.