Toby Mitchell avoids jail after successfully appealing a two-month prison sentence

The cast-out former bikie boss appeared to throw shade at the Mongols, going to extreme lengths to cut all ties to the outlaw motorcycle gang.

Toby Mitchell leaves the County Court. Picture: Nicki Connolly

Ex-bikie boss Toby Mitchell has officially cut all online ties with the Mongols outlaw motorcycle gang.

More than a week after his dramatic expulsion from the gang, Mitchell deleted from Instagram all traces of his former life as club president.

The move comes after a night of celebrations for Mitchell, who on Tuesday was spared jail over a pub assault in Echuca last year.

Mitchell celebrated his court victory with a lavish dinner at Flower Drum with mates including ex-AFL star Jake King and former Mongols bikie Dylan Goddard.

Later in the evening he made a cryptic online post about “walking away” from toxic scenarios.

“Normalise not feeling guilty for walking away when you feel bad energy, bullshit, weird vibes and sneaky shit,” the Instagram post read.

Mitchell was said to have been caught by surprise when he was ousted from the gang.

Toby Mitchell with mates including ex-AFL star Jake King and former bikie Dylan Goddard.

The group celebrated Toby Mitchell’s court victory at Flower Drum.

At first he thought it was an April Fool’s joke, but the seriousness of the news soon set in.

Sources said that by the next morning he had his Mongols tattoos removed at the City of Ink parlour in South Melbourne, operated by his great mate and former Richmond footballer Jake King.

The Herald Sun has been told Mitchell – Victoria’s highest-profile bikie – met with key gang powerbrokers at their Port Melbourne clubhouse on April 1.

The gang is now being led by Queenslanders Nick “The Knife” Forbes and Phillip Main.

Forbes is national president and Main his sergeant-at-arms.

The hostile takeover was said to have shocked some in Melbourne’s underworld and created a sense of stress for Mitchell.

Mitchell joined the club in 2019 and was appointed to the top job a year later.

However, he showed no signs of angst as he walked from the County Court on Tuesday without a prison sentence.

Toby Mitchell wore designer Dolce & Gabbana sunglasses that retail for more than $500 for his court appearance. Picture: Nicki Connolly

The moment Mitchell slapped pub ‘pest’

Dramatic footage of Toby Mitchell’s Echuca pub slap can be shown for the first time after Judge Georgiou ordered the release of CCTV.

Mitchell was in the border town with more than 100 bikie mates for his 47th birthday bash when he slapped a patron at the American Hotel on November 28 last year.

The footage shows Mitchell sitting with a woman at a table before he gets into an argument with a punter.

The court heard the man allegedly abused Mitchell’s partner after she suggested he leave, prompting the bikie to get out of his seat, walk around the table and strike the man in the face.

Dozens of pub-goers look on as the man stumbles backwards and gets back up before Mitchell strikes him a second time.

Mitchell left the bar after the altercation and asked a manager to delete security footage of the slap.

Wearing $500 designer Dolce & Gabbana sunglasses, the former Mongols OMCG president was silent as County Court Judge, George Georgiou, on Tuesday resentenced him to a 12-month community corrections order.

During his resentencing remarks, Judge Georgiou said he was not satisfied beyond reasonable doubt that Mitchell had struck the man with a closed fist.

“In my opinion the gravity of offending falls to the lower end of the spectrum,” he said.

“The appellant (Mitchell) should have walked away … (but) I am not satisfied the only sentence available is a term of imprisonment.”

Judge Georgiou took into consideration Mitchell’s early guilty plea and that no complaint or police statement was provided by the victim.

Toby Mitchell must undergo treatment and testing for alcohol abuse as part of his CCO. Picture: Mark Stewart

He also accepted Mitchell had been provoked by the victim who was drunk and, without invite, had spent up to an hour hanging out with the bikie and his partner.

Defence lawyer Damian Sheales earlier told the court, the man was slapped because he was being a “pest” and had abused Mitchell’s partner after she suggested he leave.

“Whilst the victim’s behaviour does not excuse the appellant’s behaviour and a wiser head would of walked away, it does lessen the appellant’s moral culpability,” Judge Georgiou said.

Mitchell was slapped with a $2500 fine and must undergo treatment and testing for alcohol abuse, undertake mental health assessments and participate in rehabilitation programs.

Fresh images show Mitchell celebrating his court victory in the back of a car with close associate and ex-Mongols bikie Dylan Goddard.

He was tight-lipped as he left court, refusing to answer questions to the media before jumping in a car and giving the middle finger through the window.

But on social media he celebrated the legal win, posting screenshots of articles about the court hearing with George Michael’s ‘Freedom’ playing in the background.

“This is what all the fuss was over at least the judge seen through,” he said on Instagram.

“All the gang squads (sic) bullshit.”

The bikie was tight-lipped as he left court, refusing to answer questions to the media before he jumped in a car and gave the middle finger through the window.