Allan Fares claims a misguided sense of loyalty to his buddy 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 satisfy Elliott earlier than his killer buddy fired 4 bullets on the Prahran membership, Fares’ lawyer advised Victoria’s Supreme Courtroom.
“Allan Fares had no motive to become involved on this in any respect,” barrister Campbell Thomson stated on Friday.
“Elliott is a commanding character, an A-type character 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 buddy Jacob Elliott.”
However prosecutor Diana Karamicov stated Fares’ loyalty to Elliott, then aged 18, was a part of his motive in collaborating 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 automobile 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 aiding, 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 need to do it” when he requested him to satisfy and admitted he “did put strain on him”.
Mr Thomson stated 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 can be sentenced at a later date.
