Mongols boss Toby Mitchell narrowly avoids jail over alleged assault

Toby Mitchell was out of jail and straight on Instagram to let his feelings be known about a birthday party assault charge.

Bikie boss Toby Mitchell has given the justice system a spray after his first night on bail charged with a pub assault.

The OMCG president narrowly avoided spending Christmas in prison following his arrest on Tuesday.

He was only spared after a successful appeal by his lawyer and spent the night at his Southbank home.

Mitchell took to Instagram on Wednesday to update his 219,000 followers about his latest run-in with the law.

He lashed out at police, claiming he was being pursued despite there being “no victim” and “no injuries”.

“As you know I got arrested yesterday for an alleged assault no victim no injuries but trial by media as always,” he wrote.

“The dogs (police) took my phone so I’ll have my same number on by lunchtime today.”

Toby Mitchell makes his feelings about the case known.

Mitchell was straight back on Instagram after being released on bail.

Mitchell was on Tuesday night sentenced to two months prison for striking a punter twice in the face during his birthday bash at an Echuca pub last month.

But within minutes of a magistrate ordering the Mongols president to remain behind bars until the new year, Mitchell appealed his conviction and flagged he would contest the charges after all.

Mitchell was released on bail while he awaits his appeal hearing, despite opposition from police.

It will be a dry summer for Mitchell, who must not consume alcohol or enter any licensed venues as part of his bail conditions.

Mitchell left Spencer St Police Station just after 9pm, hopping into a friend’s Toyota 4WD waiting outside.

The 47-year-old remained tight-lipped on why he had appealed the conviction, ignoring questions put to him by reporters other than to say his birthday party was “100 per cent” worth it.

He gave the finger through the car’s window before driving down La Trobe Street towards Docklands.

Toby Mitchell leaves Melbourne West Police Station. Picture: Mark Stewart

Detectives escort Toby Mitchell from his Southbank apartment.

Detectives swooped on his Southbank high-rise apartment on Tuesday morning after identifying the Mongols president in CCTV of the November 28 incident at the America Hotel, in northern Victoria.

The court heard Mitchell and his club mates had been in Echuca following a charity motorcycle ride.

The victim had then got into a verbal argument with Mitchell, who punched and slapped him to the face, causing the man to fall to the floor.

Following the incident, the court heard the bar’s manager was approached by Mitchell and others to “get rid of the CCTV”.

Mitchell’s lawyer Damian Sheales, described the fracas as “innocuous” and a “garden variety dispute” that should be dealt with by way of a fine.

Mr Sheales said his client’s infamy attracted people and the victim had become rude to Mitchell during an argument.

“Why these people approach him, they want to talk with him and drink with him, is really beyond me,” he said.

“There’s no suggestion of injuries here, there was no complaint,” Mr Sheales continued.

“The diligence of with which police prosecute Mr Mitchell on the basis of CCTV videos, if it was applied to the general public at large, the courts would not be able to move the lists,” he said.

Mitchell told reporters his birthday party was “100 per cent worth it”. Picture: Mark Stewart

Mitchell was bailed with a $10,000 surety. Picture: Mark Stewart

Police argued striking someone twice was a serious example of alcohol fuelled violence.

Mr Sheales replied: “Once (the victim) got knocked down once, why did he come back? He should’ve stayed away”.

Mitchell also pleaded guilty to failing to give detectives his passcode during a search of his apartment.

Magistrate David Starvaggi cited Mitchell numerous priors for violent offending and said the courts needed to demonstrate a strong condemnation of the behaviour.

Mitchell immediately launched an appeal – which was heard soon after – and was later bailed with a $10,000 surety.

Arrest footage released by police on Tuesday showed Mitchell being led into a police car wearing handcuffs.

Mitchell fronted court via videolink on Tuesday.

More than 100 Mongols bikies descended on Echuca to celebrate the OMCG president’s birthday.

He shared footage to social media showing a huge number of bikies riding through town and doing shots in the street.

“Over 130 brothers riding for my bday party tonight,” he wrote.

Det Insp Banks sad: “The Echo Taskforce has a significant commitment to monitoring the behaviour of serious and organised crime groups such as OMCGs and where incidents like this occur, we will act”.

“Echo Taskforce investigators will continue to deploy into regional Victoria whenever OMCGs undertake activities which have the potential for this type of violence.”

Police, including Echo Taskforce detectives, swarmed the border region over Mitchell’s birthday weekend, keeping a close eye on the bikie boss and his associates.

Echuca is a prized area for the Mongols and regarded by police as being of strategic importance in the OMCG world.

The town was previously dominated by the Bandidos but has been patched over by Mongols in recent years.

Earlier this year the gang’s Echuca clubhouse was raided in connection to a major drug trafficking racket allegedly involving members and associates further along the river at Cobram.