All-in brawl ‘consensual’

The “victim’’ of a violent assault outside a Gold Coast gym, that resulted in five alleged Mongols bikies or associates being charged, has signed a statutory declaration saying it was a “consensual fight”.

Alleged Mongols bikie Harley Barbaro, 29, friend Sonny Jenkins and three others were charged with assault occasioning bodily harm in company, involving serious organised crime.

Police allege Dale Moore was viciously assaulted by a group outside Iron Asylum Gym, Helensvale, on February 28.

The Supreme Court heard Moore refused to co-operate with police, who said he had face and eye injuries and cuts to his right shoulder and lower left back after the incident.

Jenkins got bail with strict conditions, including $100,000 surety, a tracking device, curfew and daily reporting, on April 1. But on Friday, Justice Martin Burns dismissed Barbaro’s bail application, saying even with strict conditions, including a $100,000 surety by his mum, there was a risk of him committing offences on bail.

Justice Burns had viewed CCTV of the alleged attack outside the gym and heard of Barbaro allegedly having contact with outlaw motorcycle gang members inside the gym.

Justice Burns said the Crown appeared to have a reasonably strong case against Barbaro on the assault offence.

“I have not overlooked the further feature that the ‘complainant’ subsequently provided a statutory declaration to the applicant’s solicitors in which he claims to have consented to any attack on him,’’ Justice Burns said.

Mr Moore declared: “I do solemnly and sincerely swear ... I was going to the gym when I became aware certain people were there and they had an issue with me and I had an issue with them.

“I willingly and consensually engaged in a physical altercation with all of them. It was a consensual fight.”

Mr Moore said he initially told police he’d crashed his Harley Davidson, but that was not the case and he wanted no further involvement in the matter.

Documents filed in court as part of Jenkins’s bail application show police allege Jenkins, Barbaro and other associates or members of the Mongols surrounded Mr Moore outside the gym.

It is alleged Jenkins, Barbaro (right), Luke Dillon Maksoud and Stephen Hutchins punched and grappled with Mr Moore and Jenkins and Maksoud got him to the ground, where Hutchins stomped and kicked him.

Police allege Jenkins punched Mr Moore in his head and kidney area, before Barbaro threw punches at him and Jenkins and Maksoud kicked and punched him, with Jenkins kicking him in the head.

After Mr Moore was allowed to walk to his vehicle, Tama Lewis is alleged to have punched him in the head from behind, before he escaped.

The court was told police allege the attack occurred after Mr Moore allegedly threatened to shoot a woman and burn her business down and the woman was in contact with Barbaro.

Barbaro’s counsel had suggested he could be fitted with a tracking device and agree not to leave his home – a form of home detention – if granted bail.

Barbaro, brother of Pasquale Barbaro, who was shot execution style in Sydney in 2016, had been on two separate grants of bail at the time of the alleged assault. He had been charged with habitual consorting, and prohibited from contact with any member or associate of any outlaw motorcycle gang, and also charged serious assault or obstruct police.

The court was told Barbaro’s fiance was expecting a baby and he wanted to return to being part-owner of a barbershop and bricklayer work.

Justice Burns said Barbaro had been subject to fines, community service, suspended jail terms and actual imprisonment: “Despite being on bail, conditioned that he, amongst other things, have no contact with outlaw motorcycle gang members, there is a strong case against him to the effect he did precisely that.”

ALLEGED Mongols bikie Harley Barbaro has had a “lucky day” after four charges against him were dropped due to a police error.

Barbaro appeared in Southport Magistrates Court on Thursday via videolink on four counts of breaching bail.

But the court was told no notice to appear had been issued to Barbaro as is legally required.

Barbaro’s lawyer Campbell Maccallum, of Moloney MacCallum Lawyers, was not at court and it is not clear if he was aware Barbaro had been charged.

Barbaro, who is in custody on other charges, said: “He is always at court for me so maybe he hasn’t been told.”

Magistrate Tracy Mossop told Barbaro it was “his lucky day”.

“I will strike those matters out,” she said.

“I don’t have a notice to appear, those charges are not lawfully before the court.”