Matthew Rizzo, Toby Elvey: Bikies in court over Manhattan Bar bashing

Two bikies who attacked a complete stranger as he lay unconscious on the floor during a Geelong bar brawl should be jailed, a prosecutor has told court.

A prosecutor has asked a court to jail a pair of bikies who bashed a man in a Geelong bar, in an attack that saw the victim’s life “drastically changed”.

Matthew Rizzo, 30, of Winter Valley and Pascoe Vale man Toby Elvey, 43, appeared in the Geelong Magistrates Court via videolink on Thursday, having pleaded guilty to intentionally causing injury stemming from an incident at Manhattan Bar on James St on October 22, 2023.

Rizzo and Elvey – patched members of the Bandidos outlaw motorcycle gang – set upon the man after he had been knocked unconscious. Rizzo punched him repeatedly in the head and Elvey kicked him.

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 man, who was a stranger to Rizzo and Elvey, suffered facial fractures and nerve damage causing partial facial paralysis.

A co-accused, Marty Albert, was convicted and fined after pleading guilty to a lesser charge last year.

Rizzo and Elvey’s lawyer, barrister Carlin Grant, continued his submissions on their behalf on Thursday, as prosecutor Redmond Casey argued for a jail sentence.

In December last year, the pair were successful in a bid to keep the case in the Magistrates Court, rather than escalate it to the County Court, where the maximum penalties were higher.

Mr Carlin told the court Rizzo had been assessed as suitable for a community corrections order.

Mr Grant put several factors in mitigation for Rizzo, including his plea of guilty – which Mr Carlin argued communicated remorse – as well as a report that showed Rizzo had “a history with Grampians Mental Health service”.

Rizzo’s remorse could also be seen in his discussions with a psychologist and a character reference provided by the concreting company he worked for, Mr Grant said.

Mr Casey said more explanation was required in order for Mr Guthrie to judge how much weight to give the reference or the psychological report.

Mr Casey said it was “simply not clear” how long Rizzo had been employed for, as the court heard Rizzo had told a psychologist he had not been in full-time employment for several years and received Centrelink payments.

“Maybe this is an old reference, maybe Mr Rizzo has not mentioned that he’s been working full-time for 18 months,” Mr Casey said.

Mr Casey argued for a term of imprisonment, whether in combination with a CCO or otherwise.

“Some imprisonment would be adequate,” he said.

Mr Casey told the court a victim impact statement had been filed but was not to be read aloud.

However, he said the victim’s life was “drastically changed” and he now suffered from social anxiety and panic attacks stemming from the incident.

Regarding Elvey, Mr Casey referenced submissions on his behalf that indicated he had “some insight” into how his drug use impacted his mental health.

The court heard Elvey will be assessed for a community corrections order, and the matter was adjourned to April 14.

Mr Guthrie said all parties were expected to attend court in person.

Originally published as Matthew Rizzo, Toby Elvey: Bikies in court over Manhattan Bar bashing