Barber and gym meet but it's not consorting
AN alleged Mongols bikie has been cleared of “illegally consorting” with fellow gang member Harley Barbaro at a baby shower and another man with alleged bikie links at a gym.
Tyrone Wilton Norman Poole was alleged to have repeatedly met up with Barbaro at a baby shower in February last year, a private gym two months later, and at a barber shop opening in August 2020.
Poole was also alleged to have met alleged Mongols bikie associate Todd Barnes at a gym in January last year.
Poole pleaded not guilty in the Southport Magistrates Court in November, 2021, to habitually consorting with Barbaro and Barnes. It is alleged Poole met up or contacted Barbaro more than 70 times from April 24, 2020 to February 21, 2021.
Poole was given a warning notice telling him he could not consort with Barbaro or Barnes under state consorting laws targeted at stopping organised crime, the court was told during a two-day trial.
The first day of the trial was in November last year and the second day in March this year.
Magistrate John McInnes has spent the last few months determining his decision.
He acquitted Poole of the charges on Thursday.
“Having considered the evidence and the law at length I have that the charge is not made out,” Magistrate McInnes said. “The essence of my reasoning, that it is essential to show for the purpose of this case there was an act of consorting after the occasion on which Mr Poole was given a warning about Mr Barnes.
“The evidence on that point consists of three still photos. Whilst it is clear they are in the same place at the same time aware of each other’s presence, it is not clear they are associating for the purpose of seeking or accepting each other’s company.”
Magistrate McInnes said there was no proven act of consorting after a notice was issued to Poole warning him not to interact with Barnes.
For the consorting charge to have been made out, a person subject to a consorting notice must be in the company or at least two people they have been given a warning about.
Poole did not comment as he left court on Thursday.
In November, the court was played CCTV footage that allegedly showed Poole at a baby shower for Barbaro’s partner, Hayley Webb, in the weeks leading up to the birth of their first child.
When police seized Barbaro’s phone in March last year they also found 69 text messages sent between the pair in four days in June last year, the court was also told.
The court was also played footage of Poole and Barbaro meeting at the opening of a barber shop in Brisbane.
Outside of court Poole’s lawyer Michael Gatenby said: “Mr Poole is very happy with the determination and feels vindicated.”