A high-ranking Comancheros bikie who punched another man in the face at a pub in Shellharbour has been granted conditional bail after CCTV footage of the incident revealed the assault was less serious than first suggested.
Matthew Douet's legal team aired the footage in Wollongong Local Court on Monday to support their argument that the police fact sheet tendered to the court contained embellished allegations against their client.
The fact sheet, which police conceded had been written from the victim's statement and before officers had viewed the footage, alleged that Douet hit the man from behind, commonly known as a "coward punch" and that the blow had knocked him unconscious.
However, defence barrister Dan McMahon said the footage clearly showed that both those claims were wrong.
"The description in the fact sheet that the accused walked away [from the victim] and, sneaking behind him, delivered a blow from behind, is not what is depicted on the video," he said.
"Nor was the victim rendered unconscious."
Mr McMahon said both discrepancies lessened the criminality of Douet's act against the victim.
The 51-year-old man said he wasn't, at which time Douet allegedly told him he was in the Comancheros then ordered the victim to buy him a beer.
When the victim refused, Douet punched him in the head, causing him to fall to the ground.
Douet was arrested a few days later but told officers "I don't even remember, I was so drunk".
Douet was charged with affray, assault and participating in a criminal group.
Magistrate Roger Clisdell said the case against Douet on the assault charge was strong given the video evidence, however expressed some doubt over the prosecution's ability to prove the affray and criminal group charges.
He said Douet's limited criminal record meant it was unlikely he was facing a jail sentence if convicted of the assault charge.
He granted Douet strict bail that included a non-association order with any fellow Comanchero members.