Former Bandidos enforcer Toby Mitchell fined $1000 for attacking a man

Former Bandidos bikie enforcer Toby Mitchell has been fined $1000 for attacking a man - who had been stalking him on his Instagram page - outside a South Melbourne cafe.

Magistrate Donna Bakos said Mitchell, who pleaded guilty in the Melbourne Magistrates Court to one count of recklessly causing injury, had been involved in a serious example of an unprovoked, violent outburst in a public place.

Mitchell had been facing another 16 charges, including extortion, making threats to kill and firearm offences, but they were struck out by Ms Bakos after the victim was found to be a compulsive liar with an "obsessional infatuation" with the former bikie.

Ms Bakos said on Wednesday that while Mitchell had punched the victim once in the face causing a cut above his eye, the offence did not warrant a jail term.Police had arrested Mitchell in January when the victim claimed the former bikie had shoved a gun in his stomach, demanded $300,000 from him and threatened to kill him and the man's then three-month-old baby.

But the court heard the man's claims were all false, except for Mitchell punching him in the face while both men were seated at an outdoor Clarendon Street cafe table near the former bikie's South Melbourne tattoo parlour.

Mitchell spent the next six months in custody before being granted bail last month after doubts surfaced over the victim's story.

During one failed bail application before the Supreme Court in March, Justice Betty King said intercepted phone calls made by Mitchell when in custody at the Metropolitan Remand Centre revealed he believed he was smarter than the authorities.

Justice King said Mitchell believed he could live outside the law and "not be subject to the same rules and laws as all other citizens".

In one intercepted call, Mitchell said, "I slapped the c--- in the head ... I won't get extra for the slap to the bloke. I won't get any time for it, a slap on the street." The judge said Mitchell had previously been shot twice but refused to co-operate with police over the shootings, "demonstrating his compliance to the code of the milieu in which he mixes".

Mitchell was shot the first time outside Doherty's Gym, near the Bandidos clubhouse, in Weston Street, Brunswick, on November 28, 2011. The prime suspect for the shooting was underworld gunman Gavin Preston, who was jailed on Tuesday for 11 years for shooting two drug dealers, killing one of them.

Mitchell was shot five times in the back and suffered serious, life-threatening injuries.

He spent weeks on life support and lost a kidney, had significant damage to his liver and little movement in his right wrist where one of the bullets hit him. Mitchell later survived a second attempt on his life in March 2013 when his car was sprayed with bullets at a Melton industrial estate near a rival gang's clubhouse.

Mitchell's conviction on Wednesday means he could have to return to the County Court for breaching a suspended jail sentence he received in March last year over a 2010 brawl inside a strip club.

More: http://www.theage.com.au/victoria/former-bandidos-enforcer-toby-mitchell-fined-for-attacking-a-man-20150812-gix5dr.html