Notorious bikie Toby Mitchell abandons fight to overturn bikie gun ban
Notorious bikie Toby Mitchell was posting gym selfies while his lawyer was at VCAT ditching the Mongol bikie’s appeal to overturn tough new gun bans imposed on him.
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Notorious bikie Toby Mitchell has abandoned his legal fight to overturn tough new gun bans imposed on him.
The former Bandido turned Mongol was one of several outlaw motorcycle gang members who lodged appeals in the Victorian Civil Administrative Tribunal against their firearm prohibition orders.
Victoria Police introduced the laws last year in a bid to smash a spate of gun-related violence across Melbourne.
But the Herald Sun can reveal Mr Mitchell formally withdrew his application for review this morning.
It is not known why he is not pursuing an appeal.
The colourful bikie did not attend the brief hearing, instead posting gym selfies while his lawyer informed the tribunal Mr Mitchell’s appeal would not proceed.
It comes as former Rebels bikie boss Colin Websdale sensationally won his battle to overturn his order last month, throwing the strength of the legislation into question.
The life-member became the first person to successfully appeal an order at VCAT - a move which caused high-level concern in the force and state government, who view the matter as a test case.
Victoria Police have vowed to fight the tribunal’s decision with the matter understood to be heard in the Court of Appeal.
The gun laws give police sweeping powers to conduct warrantless searches at a home, workplace, or a clubhouse of a person who has been served with an order.
It also prevents the recipient from possessing firearms or entering any premises where guns are kept.
A penalty of up to 10 years’ jail applies to breaches.
Police had said they planned to issue more than 2000 of the orders against bikie gang members, suspected terrorist and organised crime figures.
However, the issuing of the orders ground to a halt, with not one issued after the Websdale case was lost.