Just an hour after pleading guilty to assaulting a stranger in Echuca in November, Mitchell has appealed his conviction and a two-month prison sentence he was handed.
His lawyer Damian Sheales described Mitchell as "a man the police are endlessly all over" and called on his release, saying a two-day appeal in the County Court wouldn't be held until next year.
Mitchell, 47, was handed the sentence by a Melbourne magistrate after he punched and slapped a patron at the American Hotel, where the infamous bikie was spending an evening after a charity ride hosted by his outlaw motorcycle gang.
Prosecutors said Mitchell first punched his victim to the right side of the face after an argument, which Mitchell said was sparked by the man's rudeness.
The man fell to the ground, got back up and was felled again when Mitchell slapped the left side of his face.
He was then let out of a locked hotel gate by the bar manager, who Mitchell asked to delete the CCTV footage.
Officers said they matched clothing seized from Mitchell's home on Tuesday to clothing he was wearing in the footage.
Mr Sheales said Mitchell didn't know the victim but his infamy attracted people to him.
"Why these people approach him and want to talk with him and drink with him is really beyond me," he said.
He questioned why the victim approached Mitchell a second time after being knocked down, noting there had been no suggestion the victim was injured and they hadn't made a complaint.
The court heard the victim was too afraid to make a statement to police.
Mr Sheales has flagged that the admissibility of Mitchell's guilty pleas will be challenged in the County Court appeal.
Given the charges will likely be contested, police raised fears Mitchell could offend again or would try again to have CCTV footage destroyed.
Detective Jordan Collinson said Dion Williams, a Mongols associate who previously worked security at the hotel, had approached the manager after the incident instructing him to delete the footage
"I've been instructed by three different presidents ... if I don't go back with it deleted you never know what's going to happen," Williams allegedly told the manager.
Det Collinson said inquiries were underway to arrest Williams in relation to that.
Mitchell was granted bail on conditions including that he not have contact with Williams, not travel within 50km of Echuca or outside of the state, and that he provide a $10,000 surety.
He has also been barred from licensed premises and will not be able to drink alcohol at all while on bail.
17°C