CCTV: Toby Mitchell in strip club brawl
RAW VISION: Security vision shows former Bandidos boss Toby Mitchell brawling in a King Street strip club in 2010. No Audio.PT1M31S http://www.canberratimes.com.au/action/externalEmbeddedPlayer?id=d-343bn 620 349 March 4, 2014
Former bikie enforcer Toby Mitchell has avoided jail but been told by a judge he was too old to be brawling in public.
Mitchell on Wednesday had a four-month jail term wholly suspended for 12 months for his part in a brawl at a King Street strip club on the morning of October 24, 2010, during which punches, bar stools and glasses were thrown.
Mitchell, a former member of the Bandidos and the club's one-time serjeant-at-arms, and two friends fought with staff at Centrefold Lounge after being refused drinks when one of the group became aggressive towards a female employee and threw a drink over her, just before 7am.
Bikie Toby Mitchell arrives at the County Court. Photo: Justin McManus
Five bar staff were injured, one of them suffered a broken nose and cut to the head.
Mitchell, 39, pleaded guilty to affray in the County Court on Tuesday, when his barrister said the former bikie should be spared jail because of fears for his safety from enemies inside prison and concerns over his health stemming from two attempts on his life.
Co-accused Peter Algie, 43, pleaded guilty to recklessly causing injury and Savvacis Tsivicios, 41, pleaded guilty to affray.
Judge John Smallwood said there were legitimate concerns for Mitchell's health and safety in prison, but told the three men their behaviour was unacceptable.
"The fact of the matter is you are all big men and no doubt anyone watching that (brawl) would have been frightened at what was taking place," Judge Smallwood said.
"Bearing in mind your ages, you should know better than this."
The court heard Mitchell had to carefully monitor his health every day following an attempt on his life in November 2011, when he was shot outside a Brunswick gym and nearly died. He spent weeks on life support, lost a kidney and most of his liver.
In March last year Mitchell was shot in the right arm when he and Bandidos members were ambushed by the Hells Angels outside the Melton clubhouse of another gang, the Diablos.
Judge Smallwood also spared Tsivicios and Algie jail terms. Tsivicios had a four-month term wholly suspended for 12 months and Algie had a two-month term wholly suspended for nine months.