Jury in Supreme Court trial asks court if they can return verdicts for seven of eight men
A Supreme Court jury set to decide the fate of eight bikie-linked men accused of murder have asked a question about delivering their verdicts.
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A jury tasked with delivering verdicts in the case of eight bikie-linked men accused of gunning down innocent man Jason De Ieso in 2012 have asked a court whether they could deliver verdicts for seven of the men and remain undecided on the eighth.
The jury sent the question to Supreme Court Auxiliary Justice Brian Martin about 3pm on Monday after deliberating for 28 hours across five days since last Thursday.
Justice Martin told the jury they could do “precisely that” and asked they confirm and write down those verdicts before they are formally delivered.
He told the jury they had until 4.30pm to do so before they would be asked to continue their deliberations on Tuesday if they had not yet reached a decision.
“We will simply stay out until 4.30pm and then if you haven’t reached that point by 4.30pm then it will be off until tomorrow,” Justice Martin said.
“If you cannot confirm a single final position with any verdicts, it’s not a problem, continue your deliberations.”
The eight men standing trial are brothers Husain Alzuain, 36, of Goodwood, Mohamed Alzuain, 32, of Mile End, Musa Ali Alzuain, 30, of St Morris, and Daniel Mark Jalleh, 34, of Clovelly Park, Ross William Montgomery, 38, of Andrews Farm, Seywan Moradi, 36, of Walkley Heights, Kyle Lloyd Pryde, 35, of Adelaide and Nicholas Sianis, 36, of Beverley.
Prosecutors had alleged Mr De Ieso was shot in a case of mistaken identity amid an escalating bikie war between the Hells Angels and Finks on November 21, 2012.
During the trial, the jury had been told each of the accused men were closely linked to the Hells Angels and that all except Musa Alzuain had become a member.
Opening the trial in May, prosecutor Jim Pearce KC told the jury that after a firebombing at the Alzuain family home the night before the murder – which the Alzuain family allegedly suspected was orchestrated by the Finks – the men allegedly “began making plans for retaliation”.
He said the firebombing came after 18-months of tensions between the rival gangs.
Defence counsel for each of the men had told the jury it could not be proved beyond reasonable doubt that their clients were among those depicted in the CCTV footage of the incident.
They also claimed the key witness was a “compulsive liar” and a “bottom feeder” whose evidence was “dreadful” and an attempt to “save his own skin”.