Bikie murder trial key witness has legal protection for ‘any involvement’

The key witness in the Jason De Ieso murder trial has immunity from prosecution, a court has heard – so long as he tells the truth.

The key witness in the Jason De Ieso murder trial has received immunity from prosecution for “any involvement” he had in the shooting – but can still be charged with perjury if he lies to the jury.

On Friday, Auxiliary Justice Brian Martin told the 15-person jury that the witness, who cannot be named, received immunity from the Director of Public Prosecutions one week ago.

“The DPP provided immunity by letter … offering him that he would not, if he gave evidence, be prosecuted for any offending disclosed by his evidence in respect of any involvement in the events of November 21, 2012,” he said.

“The immunity is dependent on him giving truthful evidence, but not the content of that evidence.

“It does not preclude a prosecution for perjury if that offence is committed during the course of giving evidence.”

Husain Alzuain, 35, of Goodwood, Mohamed Alzuain, 31, of Mile End, Musa Ali Alzuain, 30, of St Morris, Daniel Mark Jalleh, 34, of Clovelly Park, Ross William Montgomery, 38, of Andrews Farm, Seywan Moradi, 36, of Walkley Heights, Kyle Lloyd Pryde, 34, of Adelaide and Nicholas Sianis, 36, of Beverley, are standing trial.

They have each pleaded not guilty to having murdered Mr De Ieso at his Langford St, Pooraka, crash repair workshop on November 21, 2012.

Prosecutors have alleged all of the men are members or closely linked to the north crew of the Hells Angels bikie gang, and the shooting was sparked by a gang war with the Finks.

Previously, the witness told the court there had been a feud “going on for quite some time” prior to the shooting, involving other confrontations.

He said that, after the shooting, he was handed a duffel bag and told “make sure you clean this and then destroy it, you don’t know what we’ve just done”.

Jason De Ieso murder accused (back row) Kyle Pryde, Nicholas Sianis, Seywan Moradi, (centre) Mohamed Alzuain, Musa Alzuain, Husain Alzuain, (front), Daniel Jalleh and Ross Montgomery. Picture: Timothy Ide

Continuing his evidence on Friday, the witness told the court that Husain Alzuain “would constantly wear” white Adidas shoes when he knew him in 2012.

Asked if he ever changed style or brands, the witness replied: “No, the same white ones”.

He also said that Musa Alzuain always wore “exactly the same shoes” during that period of time, being Nike sneakers.

Auxiliary Justice Martin told jurors the trial would resume on Tuesday with lawyers for the accused cross-examining the witness.

“You’ve heard, in the prosecution opening, about incidents of violence between the Hells Angels and Finks,” he said.

“You’ve heard the accused are members of the Hells Angels, and something of the type of evidence you’ll hear about the culture and ethos of (that club).

“That does tend to disclose, in some people’s mind, that the accused have been involved in some kind of discreditable conduct (or) perhaps they are not of perfect character.”

He reminded jurors of the importance of relying only on the evidence.

“I want to emphasise to you that you must not draw any inferences adverse to any accused simply because they might have been in a bit of trouble or got into some violence,” he said.

“You must not reason that they are persons not of good character likely to have committed the offence charged.

“That would be quite unfair, it would be ignoring the evidence and using something that is simply not relevant.

“Do not (follow) that impermissible line of reasoning, that would be quite unfair.”