An alleged senior bikie will be released from custody following his arrest over a violent gang fight outside a Gold Coast gym.
An alleged senior bikie arrested over a fight outside a Gold Coast gym has been granted bail.
Former Bandido John Fahey was arrested last month over the violent brawl with rival gang members at a Burleigh Heads carpark on November 20.
He was charged with affray while being a participant in a criminal organisation and possession of dangerous drugs after he was allegedly found with the steroid trenbolone.
Fahey’s bail hearing in the Supreme Court in Brisbane on Tuesday was told he and another man had been exercising at a gym when they were confronted by two other men.
One of the men who confronted Fahey was allegedly armed with a metal bar.
All four left the gym and a fight began outside which lasted about 30 seconds, the court heard.
Fahey resigned from the Bandidos in July 2013 and there is evidence he moved to the Hells Angels, according to material submitted by the prosecution.
The accused man’s barrister Jeff Hunter QC said his client intended to contest the charge and there was a prospect he could claim self-defence.
Even if convicted, the 18 months’ Fahey would serve in custody awaiting trial was far longer than the mandatory six-month sentence he would likely receive, Mr Hunter argued.
Crown Prosecutor David Meredith conceded the case was arguable but said Fahey had breached bail conditions in the past and had a history of violent offending.
Justice James Douglas accepted Mr Hunter’s submissions and said he had shown cause why Fahey should be granted bail.
“The possibility that there is a defence to the charge revealed by the evidence is significant, as is the likelihood that the applicant would be on remand for longer than a likely sentence that might be imposed,” Justice Douglas said.
Fahey must pay a $10,000 surety and surrender his passport, adhere to a curfew and report regularly to police.