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Paul Younan applies for bail variation to travel to Fiji while charged with Omega Ruston’s 2009 Gold Coast murder

A man on bail for the alleged murder of a 32-year-old who was fatally shot on the Gold Coast in 2009 is hoping to travel to Fiji, a court has been told.

Australia's Court System

A man charged with allegedly murdering another man in a violent road rage attack is hoping to have his bail conditions varied to allow him to travel to Fiji, a court was told.

Paul Younan – one of four men accused of murdering the Gold Coast father more than 14 years ago – was granted bail in August 2022 after being charged with the murder of Omega Ruston.

Mr Ruston, 32, died just south of the intersection with Fifth Ave at Burleigh Heads on the Gold Coast about 10.25pm on Australia Day, 2009.

Omega Ruston died on Australia Day in 2009. It took police 13 years before they made an arrest in his alleged murder. Picture: Supplied
Omega Ruston died on Australia Day in 2009. It took police 13 years before they made an arrest in his alleged murder. Picture: Supplied

The Crown Prosecution will allege in court he was involved in a road rage altercation with a group of men travelling in a small maroon four-door sedan.

It is alleged Mr Ruston was fatally shot twice in the stomach as he and his passengers got out of his Holden Rodeo.

Mr Younan was one of four charged in February 2022 after police made a breakthrough in their investigations into Mr Ruston’s death more than a decade earlier.

Mr Younan’s bail was granted in August 2022 after his application was previously rejected shortly after his arrest.

Court documents reveal a surety of $5.5 million was given by Mr Younan’s wife during his second bail attempt, up from the $4.5 million offered in the first application in April 2022.

At the time, Justice Melanie Hindman found there was no suggestion Mr Younan was a flight risk, having flown multiple times overseas since the alleged murder and returning to Australia.

She said Mr Younan had strong ties to Australia, with his family living in Sydney.

He was ordered to report to police daily and wasn’t required to wear an ankle monitor.

Omega Ruston was fatally shot allegedly during road rage on the Gold Coast in 2009. Picture: Supplied
Omega Ruston was fatally shot allegedly during road rage on the Gold Coast in 2009. Picture: Supplied

In her judgement in August, Justice Hindman also granted the second bail application after the Crown had failed to produce a written statement from a key witness who allegedly saw the fatal shooting unfold.

Justice Hindman said the lack of a written statement from “Witness A” suggested the Crown’s case against Mr Younan wasn’t strong.

The Crown had previously told the court during the first bail application that “Witness A” was a critical witness, and their statement allegedly identified Mr Younan as the shooter in the killing.

“But correspondence that has followed from the first bail application casts doubt on whether the statement, in fact exists, at least in a written form,” Justice Hindman ruled.

“And if a statement is not available in a written form, given the time that has elapsed since the killing, that casts serious doubt on whether Witness A is a cooperative witness and is likely to give evidence in accordance with what police have said is the evidence that Witness A can give.”

Paul Younan’s bail variation application was adjourned after it was mentioned in the Brisbane Supreme Court on Tuesday. Picture: NCA NewsWire / Dan Peled
Paul Younan’s bail variation application was adjourned after it was mentioned in the Brisbane Supreme Court on Tuesday. Picture: NCA NewsWire / Dan Peled

On Tuesday, Mr Younan had tried to vary his bail conditions in the Brisbane Supreme Court after 16 months back in the community.

The court was told Mr Younan had hoped to travel to Fiji.

It was not disclosed what he planned to do in Fiji if he was allowed to travel.

The Crown and Mr Younan’s defence lawyer informed Justice Catherine Muir more time was required to discuss the bail variation requests.

“I would imagine, and certainly if I am to be hearing (the application), I would need some persuading,” Justice Muir said.

The application was adjourned to the registry for another date.

Originally published as Paul Younan applies for bail variation to travel to Fiji while charged with Omega Ruston’s 2009 Gold Coast murder

Original URL: https://www.couriermail.com.au/news/breaking-news/paul-younan-applies-for-bail-variation-to-travel-to-fiji-while-charged-with-omega-rustons-2009-gold-coast-murder/news-story/6eca98d884fe717bdf1fae4e130a163f