Toby Mitchell join forces with police to oppose release of file
NOTORIOUS ex-Bandido Toby Mitchell joined forces with the Chief Commissioner of Police today to oppose the release of a file outlining why he should not be allowed to own a gun.
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NOTORIOUS ex-Bandido Toby Mitchell joined forces with the Chief Commissioner of Police to oppose the release of a file outlining why he should not be allowed to own a gun.
Mitchell’s longtime lawyer Theo Magazis told VCAT today the public release of information from the police file could be used by those who might have a grievance against his client and put his safety at risk.
Mr Magazis said it was ironic that in opposing Mitchell’s application to have a prohibition order against him owning a firearm lifted, the Chief Commissioner relied in part on the fact that his client had twice been the victim of two shootings, showing there was a “real risk” to Mitchell’s safety.
Mitchell, 43, was shot five times at Brunswick in 2011 and was the victim of another shooting in 2013.
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Mitchell is one of 53 “violent offenders” issued with firearm prohibition orders (FPO) under sweeping new police powers designed to crackdown on organised crime groups including bikies and Middle Eastern crime gangs.
Mitchell’s case is the first test of those new laws.
Last month Mitchell wrote on Instagram: “What a waste of time and money … All you have to do is look at my history to know I don’t carry or use guns.”
VCAT heard the file on Mitchell also contained personal information about people known to Mitchell and other “sensitive” information.
Barrister Rachel Ellyard for the Chief Commissioner said although the file had been lightly redacted it had not been intended for public release.
Prior to hearing arguments about the suppression of the police file VCAT Deputy President Heather Lambrick apologised to the parties for the unintended earlier release of the file to a media outlet.
Ms Lambrick said a covering letter provided with the police statement asking that the file be closed “went unread”.
Ms Lambrick ordered the file remain closed and imposed an interim suppression order prohibiting the publication of any material derived from the police file until further order.
When an FPO is served, the subject’s home and vehicle are searched by police. The order remain in place for 10 years for adults and five years for children aged up to 14.
Any person under an FPO caught possessing, carrying or using a firearm or related item face a maximum jail term of 10 years.