BN- A former bikie gang member who allegedly punched a cyclist for not using a bike lane has been granted bail because "he has brownie...
BN- A former bikie gang member who allegedly punched a cyclist for not using a bike lane has been granted bail because "he has brownie points" and "credit" for seven months behind bars for unrelated charges that were dropped.
Toby Mitchell appeared in Melbourne Magistrates Court on Friday to face five assault-related charges over the incident, which police say shows a propensity for violence.
Police allege the former Bandidos enforcer drove a Mercedes Benz along Docklands' Harbour Esplanade on Monday night and approached a 31-year-old cyclist and yelled out, "Why aren't you using the bike lane?" while also honking his horn.
The cyclist told Mitchell, "You're in a car, you can use the freeway," before Mitchell drove toward the cyclist, then punched him in the face, Detective Senior Constable Andrew Sward said.
"The incident was witnessed by two people, other motorists," Det Sen Const Sward told the court.
Mitchell, 40, did not know the victim, and his previous convictions suggest he is prone to violence, Det Sen Const Sward said.
"We are concerned that he is an unacceptable risk for a propensity for violence," he said.
Mitchell has been charged with recklessly engaging in conduct that placed a person in danger of serious injury, driving a vehicle in a manner that was dangerous to the public, and recklessly and intentionally causing injury, as well as assault.
Despite police opposition, Magistrate Charles Rozencwajg granted Mitchell bail on the basis the tattoo shop owner had previously been in custody for almost seven months over unrelated charges that were subsequently dropped in July.
"He's got brownie points, or credits, in relation to those matters," he said.
Mitchell's lawyer, Theo Magazis, said he needs time to contest police evidence in the road rage charges against his client, who will return to court on September 25.
Read more at http://www.9news.com.au/national/2015/09/11/14/35/former-bikie-fronts-vic-court#RFAzMmz4WbS3g7Yj.99
Toby Mitchell appeared in Melbourne Magistrates Court on Friday to face five assault-related charges over the incident, which police say shows a propensity for violence.
Police allege the former Bandidos enforcer drove a Mercedes Benz along Docklands' Harbour Esplanade on Monday night and approached a 31-year-old cyclist and yelled out, "Why aren't you using the bike lane?" while also honking his horn.
The cyclist told Mitchell, "You're in a car, you can use the freeway," before Mitchell drove toward the cyclist, then punched him in the face, Detective Senior Constable Andrew Sward said.
"The incident was witnessed by two people, other motorists," Det Sen Const Sward told the court.
Mitchell, 40, did not know the victim, and his previous convictions suggest he is prone to violence, Det Sen Const Sward said.
"We are concerned that he is an unacceptable risk for a propensity for violence," he said.
Mitchell has been charged with recklessly engaging in conduct that placed a person in danger of serious injury, driving a vehicle in a manner that was dangerous to the public, and recklessly and intentionally causing injury, as well as assault.
Despite police opposition, Magistrate Charles Rozencwajg granted Mitchell bail on the basis the tattoo shop owner had previously been in custody for almost seven months over unrelated charges that were subsequently dropped in July.
"He's got brownie points, or credits, in relation to those matters," he said.
Mitchell's lawyer, Theo Magazis, said he needs time to contest police evidence in the road rage charges against his client, who will return to court on September 25.
Read more at http://www.9news.com.au/national/2015/09/11/14/35/former-bikie-fronts-vic-court#RFAzMmz4WbS3g7Yj.99
