Killed father asked to ‘stay home with family’ before alleged fatal road rage

The barrister for a man charged over the cold case murder of a father on the Gold Coast during an alleged road rage incident may argue his client has no case to answer.

Ex-bikie enforcer Brent Simpson leaves the Magistrates Court in Brisbane.

The barrister for a man charged over the cold case murder of a father on the Gold Coast during an alleged road rage incident may argue his client has no case to answer.

Toni Elbayeh and Hysam Hamdan are facing a committal this week over the alleged murder of Omega Ruston who was shot dead on Australia Day 2009.

A third man, podcaster Brent Luke Simpson, is also appearing at the hearing on a charge of accessory after the fact to murder.

The Crown has previously alleged that Elbayeh, Hamdan and a third man Paul Younan were involved in a suspected road rage incident with the occupants of a car driven by Mr Ruston, at 10.20pm on the Gold Coast Hwy at Burleigh Heads.

During the interaction it’s alleged Younan, who is not involved in this week’s committal at Brisbane’s Magistrates Court, fatally shot the 32-year-old, the court has previously heard.

The following day on January 27 2009 a witness told court on Tuesday that Elbayeh allegedly informed him that he had to put a gun under the man’s passenger seat.

Wayne Oldman, who owned a car company and was a business associate of Elbayeh’s at the time, said they were dropping off a rental when the defendant indicated he had put a gun under the seat of another car.

“From memory I don’t think he said the word gun but he made the impression it was a gun,” Mr Oldman said while making a gun symbol with his hand.

Elbayeh’s barrister Kate Fuller said Mr Oldman had previously told police he thought her client may have been referring to cannabis.

“No because they were really free with their cannabis, they used it all the time,” Mr Oldman said.

“Is it possible that the hand signal that you saw was a smoking signal,” Ms Fuller asked.

“I don’t think so, but anything is possible,” he responded.

Mr Oldman said he never saw a gun.

Detective Snr Sgt Michael Corby told the court he visited the crime scene on January 27 to do a walk through with a friend of Mr Ruston who had been there at the time of the shooting.

Just after the fatal shooting the friend told Det Snr Sgt Corby that he had panicked and thrown a sword into the bushes where it was located by police.

The court heard the sword was usually placed above a TV unit at Mr Ruston’s home.

In the hours before the shooting Mr Ruston and friends had been at a park in Burleigh Heads where a woman had been punched by a third party unrelated to defendants.

Mr Ruston’s flatmate at the time said they had returned home upset and indicated they would be going back there to do something about the woman being punched, the court heard.

“Omega to you appeared still to be angry and upset over what happened at the park … and you were telling them, don’t go back, just leave it,” Hamdan’s barrister Angus Edwards KC asked the woman.

“I do remember trying to convince them just to stay home and not to worry about it, just to stay home with your families,” she said.

“I tried my hardest, but couldn’t convince them.”

It’s alleged the fatal road rage incident occurred sometime later.

The woman said after Mr Ruston’s death was when she first noticed the sword usually above the TV was not there.

The court heard defence counsel would be sending submissions to the crown for them to consider.

“So if the DPP aren’t with you you’ll be making a no case submission,” Magistrate Louise Shephard asked

“There’s a real possibility of that,” Mr Edwards responded.

Hamdan and Elbayeh are also charged with accessory after the fact to murder. Elbayeh is also facing one count of corruption of witness- attempts and 30 counts of perjury.

Simpson, who is behind true crime podcast The Clink and is not alleged to have been there when Mr Ruston was shot, is also charged with a single count of corruption of witness – attempts and 18 counts of perjury.

Younan is charged with one count of murder and 27 counts of perjury and his case is next due in court on May 2.

The committal continues.