Toby Mitchel loses court bid to go to Australian Open

Bikie boss Toby Mitchell has delivered his verdict on an Australian Open he’s been banned from attending.

Toby Mitchell at the 2019 Australian Open. Picture: AAP

Bikie boss Toby Mitchell has lost a bid to relax bail conditions which banned him from attending the Australian Open.

The Mongols president fronted court on Monday after he was told by police he was not permitted to go to the tennis tournament because his bail prevented him from visiting all “licensed venues”.

Mitchell, an avid tennis fan often seen at Melbourne Park, will now have to watch the grand slam at home after prosecutors successfully opposed his application to vary bail.

And he’s delivered his verdict on the court result on Instagram.

“It’s going to be a boring Aus Open this year with no Djokovic or Mitchell there,” he posted.

Mitchell, 47, was in December sentenced to two months in prison for striking a man twice in the face during his birthday bash at an Echuca pub in November.

Lawyers for Mitchell argued he was merely defending his girlfriend from the drunken patron.

Within minutes of a magistrate ordering Mitchell be jailed, the bikie boss had launched an appeal of his sentence and conviction and flagged he may contest the charges after all.

Toby Mitchell watching Roger Federer in 2018. Picture: Michael Klein

The bikie boss was immediately granted bail on the conditions he stay sober and stay away from any and all licensed venues.

In the County Court on Monday, Mitchell’s lawyer Damian Sheales said his client had specifically been told by detectives he was not allowed to attend the Australian Open for this very reason.

Judge Kate Hawkins questioned whether the entire major sporting event should be considered a licensed venue, given children were able to attend unaccompanied.

“Your honour I’m sure you’ve heard of Mr Mitchell, and I’m not saying that to be cute,” Mr Sheales said.

“If there’s any suggestion of a breach of bail in any way shape or form, the police will seek to breach him,” he continued.

Mr Sheales said his client would continue to abide by the nondrinking rules, but should be allowed to attend premises which serve alcohol including cafes, restaurants and the Aus Open.

“In this day and age the condition is simply too onerous,” he said.

Mitchell is on bail after appealing his sentence and conviction on assault charges. Picture: Rob Leeson.

Bikie-busting detectives opposed the application, citing Mitchell had been involved in three assaults on members of the public in the past 13 months which involved alcohol and/or licensed venues.

Mitchell was fined $2500 in September after pleading guilty two separate street attacks, including one where he was knocked out by a homeless man in Southbank.

Senior Constable Lara Scully said banning Mitchell from attending venues where booze was served reduced his “temptation” to drink and the risk of further incidents occurring when surrounded by other inebriated members of the public.

Judge Hawkins agreed.

“I consider that there is not so much temptation to drink if you attend at licence premises, but for there to be physical violence resulting in your attendance … and your interaction with those other patrons and members of the public passing by,” she said.

Mitchell will return to court next month ahead of an appeal expected to be heard later in the year.