ALLEGED Bandidos prospect and former Warwick man Andrew Barton Clarke-Davis has been refused bail while he appeals his sentence for his involvement in a bikie brawl on the Gold Coast.
The 22-year-old, who was living at Alexandra Hills before he was jailed in January, was expected to be serving time in solitary confinement before his release on parole.
Judge Brendan Butler said he understood most of the 60 men who gathered outside a restaurant in Broadbeach last September were wearing Bandidos jackets.
He said he had been told about 20 people entered the restaurant to remove two men from a rival gang.
Clarke-Davis was sentenced to nine months jail with parole release on April 28 for his involvement in the riot, which sparked a Queensland Government crackdown on bikies.
The court heard his criminal history included being jailed for exploding four home-made chlorine bombs in front of a police residence at Warwick.
He was also convicted of the serious charge of damaging evidence with intent in late 2012, when he and two accomplices pleaded guilty to flushing drugs down the toilet during a police raid.
Judge Butler said he had heard submissions that there was disparity in sentencing when compared to others given community service at Southport.
He said while there did appear to be some disparity, the sentencing magistrate did not consider those sentences reflected the appropriate range.
"He reduced the sentence he otherwise would have imposed to address any disparity," he said.
"On the material before me, it is apparent there are arguable appeal points available to the applicant but I'm not satisfied ... the applicant's grounds are sufficient to found a conclusion that the appeal will be allowed."
Judge Butler said he was not persuaded there were exceptional circumstances so the bail application must fail.
He said the appeal should be heard as soon as possible and suggested March 10 as a possibility. The date was not confirmed.
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