The man believed to be the Queensland president
of the Mongols bikie gang will be retried in South Australia over his role in a
nightclub brawl when he was a member of the Finks gang.
Nicholas Forbes was captured on security video swinging
punches against Hells Angels members inside The City Nightclub in Adelaide's
Hindley Street in May 2011.
He was also seen pulling someone to the floor and hitting
another with a bar stool, before running out of the club with other Finks
members just before 5:00am.
Police charged him with aggravated affray but he was found not
guilty by the SA Magistrates Court earlier this year.
Prosecutors earlier alleged he was "in the forefront" of the
attack on the Hells Angels, which was in retaliation for an earlier fight
involving members of both gangs outside The Firm club on North Terrace.
But Magistrate Stefan Metanomski acquitted him, even though he
conceded Forbes did have a case to answer.
Mr Metanomski ruled the prosecution's evidence was "so
deficient or unreliable as to render it inappropriate for the case to continue".
He said while there was no doubt about Forbes' actions, he
could have been acting in self-defence.
GIF: Bikies fight
at The City Nightclub in Adelaide during May, 2011.
"[The prosecution] has therefore not proved beyond reasonable
doubt that the violence he used was unlawful," Mr Metanomski said.
"There is no evidence that he was involved in any plan to
attend the City Nightclub for purposes of retribution against the Hells Angels.
"In short, the prosecution case is based on speculation and
But prosecutors appealed the decision and Supreme Court judge
Kevin Duggan ruled, in findings handed down today, the magistrate erred "in
finding that there were deficiencies in the prosecution evidence such as to
justify the acquittal of the respondent".
"The orders of the magistrate are set aside and the matter is
remitted for retrial before another magistrate."
Several other bikies who were involved in the brawl have since
Forbes was arrested this week along with 50 other people
during drug raids in south-east and Central Queensland.