Allan Fares claims a misguided sense of loyalty to his good friend led him behind the wheel of a drive-by taking pictures exterior Melbourne’s Love Machine nightclub.
He appeared as much as Jacob Elliott and was a reluctant participant in deciding to fulfill Elliott earlier than his killer good friend fired 4 bullets on the Prahran membership, Fares’ lawyer informed Victoria’s Supreme Courtroom.
“Allan Fares had no motive to become involved on this in any respect,” barrister Campbell Thomson mentioned on Friday.
“Elliott is a commanding character, an A-type persona and Mr Fares, it’s clear, appeared as much as that.
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“He had no beef with the Love Machine nightclub … what he had was misguided loyalty to his good friend Jacob Elliott.”
However prosecutor Diana Karamicov mentioned Fares’ loyalty to Elliott, then aged 18, was a part of his motive in taking part within the assault.
On April 14, 2019, Fares drove Elliott to the membership in a stolen Porsche after Elliott’s youthful half-brother Ali Maghnie was ejected for poor behaviour.
Mr Maghnie spoke to their father, slain underworld determine Nabil Maghnie, after which to Elliott, after being ejected from the membership.
Elliott claims his father devised the plan to shoot on the membership and he was following orders.
After driving previous 4 occasions, Elliott fired 4 pictures from the automotive in an act of retribution.
Patron Richard Arow, 28, and safety guard Aaron Osmani, 37, died and three individuals have been injured within the 3am taking pictures.
Fares and Elliott have been discovered responsible of homicide and tried homicide by a jury in April this yr.
The pair, together with Moussa Hamka who was discovered responsible of helping, confronted the ultimate day of a pre-sentence listening to on Friday.
Prosecutors argued Fares and Elliott deserved the utmost penalty of life in jail for taking pictures at, killing and injuring defenceless individuals.
Mr Thomson requested Justice Andrew Tinney to impose a lesser sentence and shortened non-parole interval on Fares, as he was neither the instigator nor gunman, and he had good rehabilitation prospects.
He cited Elliott’s proof on the trial that Fares “began freaking out” and “didn’t wish to do it” when he requested him to fulfill and admitted he “did put strain on him”.
Mr Thomson mentioned jail could be extra onerous on Fares as a result of he has a neurological situation and has been awaiting an MRI scan for months.
Fares, Elliott and Hamka might be sentenced at a later date.
