By Steve Butcher
A man reportedly questioned over the shooting of Bandidos bikie gang enforcer Toby Mitchell has had firearms charges withdrawn against him.
Police found a loaded handgun in a black Mercedes Benz outside Melbourne's Town Hall.
Bandidos bikie gang enforcer Toby Mitchell.Credit: Craig Abraham
Gavin John Preston, 39, was a passenger and Nabil Maghnie the driver on December 1 last year when two police constables stopped them for a routine check near midday.
Maghnie, 36, was earlier jailed after he pleaded guilty to charges over possessing a .45 calibre six shot revolver that police found in the car during its search in Collins Street.
After police also found cash, a bong and a set of digital scales, both were told they were under arrest, and after initially refusing they went to ground to be handcuffed.
Charges against Preston of being a prohibited person in possession of an unregistered firearm and possessing one were withdrawn yesterday in Melbourne Magistrates Court.
He pleaded guilty to possessing marijuana — a small amount found in his sock — and to resisting police.
His lawyer Bernie Balmer said Preston, who was now serving a jail term for driving offences and who appeared via video link from Barwon Prison, was bailed in late December on the original charges.
Magistrate Felicity Broughton jailed Preston for 21 days, the time he had spent on remand for the charges.
The Age can reveal that Maghnie had armed himself with the weapon for protection after being shot in the groin.
At his plea hearing earlier this year, when defence lawyer Rob Melasecca was asked by a magistrate about resisting police, Maghnie from the dock said it was more of "assisting arrest".
Mr Melasecca said Maghnie and Preston were much larger and taller than the two arresting officers but his client had asked the officers to "relax" and advised his associate to defuse the situation by co-operating.