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Thursday, May 10, 2012

AUSTRALIA - Toby Mitchell to cry ‘financial hardship' in court


OFF THE WIRE
FORMER Bandidos sergeant-at-arms Toby Mitchell is expected to claim a financial hardship defence to prevent police from seizing his car.
Mr Mitchell, 37, who was the victim of a shooting last November in Brunswick and now walks with the aid of a walking stick, is understood to have a significant outstanding loan on the $60,000 Holden vehicle.
He has pleaded guilty to charges of driving while disqualified and with prior convictions for the offence police have applied to Melbourne Magistrates' Court for permission to impound the vehicle.
The matter returns to court on July 18.
Police have not yet found anything in relation to the shooting after they searched an inner-city waterway for two days.
Divers searched the Moonee Ponds Creek near Macaulay Rd, Kensington earlier this week.
The search and rescue squad failed to find two guns used in the attempted murder when divers searched a lake in Parkville.
The lake in Galada Ave, is just metres from where a stolen car allegedly used in the shooting was dumped and burned.
Police divers had hoped to find two handguns and clothing believed to have been used in the near-fatal shooting of Mitchell in a Brunswick street in November.
They spent two hours searching the lake yesterday.
Det Acting Insp Shaun Bingham from the Purana Taskforce said the search would continue.
"Our investigations led us here. The stolen car that we believe was actually used in the offence was dumped and burnt out in the vicinity and we're here to search the lake today in the hope of finding evidence," he said.
"There are a number of other locations we have as part of our investigations where we will conduct searches in coming weeks."
Police do not yet have a suspect in the attempted murder investigation.
"There are also a number of people that we believe are yet to come forward that have information that's relevant to the offence and, in fact, could be vital to our investigation," he said.
"It's always a concern when we are yet to find people that are capable of committing crimes of this nature, so that's why we throw as many resources as we can at it."
Police searched the surrounds of the lake when the car was found last year.
Acting Insp Bingham said Mitchell provided his version of events to police but they were confident they could solve the case without his full co-operation.
Video: http://www.heraldsun.com.au/news/more-news/police-to-search-lake-in-parkville-in-relation-to-shooting-of-bikie-toby-mitchell/story-fn7x8me2-1226350929630