Aaron Ong: Mongols bikie learns outcome of appeal against murder conviction over fruiterer Paul Virgona shooting

A bikie jailed over the freeway execution of an innocent father on his way to work has learnt the outcome of his effort to overturn the conviction.

A bikie-linked killer has lost his bid to overturn his conviction for the early-morning shooting of a Melbourne grocer as a panel of three judges found the circumstantial case against him contained “powerful” evidence.

Paul Virgona, 46, was shot dead while driving his white work van on Melbourne’s EastLink freeway in November 2019.

Two members of the Mongols Motorcycle Club, Aaron Ong and Josh Rider, were both sentenced to decades in jail in August 2023 after Rider pleaded guilty to reckless murder and Ong was found guilty of intentional murder at trial.

Previously, the Victorian Supreme Court was told Mr Virgona was followed from his Croydon home when he left for work about 2am on November 9.

Father-of-two Paul Virgona was planning to retire. Picture: Supplied

Rider and Ong had lay in wait outside his home for two hours in a stolen Mercedes and began following Mr Virgona as he drove to the Epping Markets.

His van was struck with a volley of 11 bullets from a semiautomatic handgun about 15 minutes later, killing the family man who had no criminal associations.

Mr Virgona was found dead, sitting in the van with the engine still running and his phone illuminated in his lap, by emergency services a short time later.

He was two weeks away from closing his business to spend more time with his family.

Mr Virgona’s van was peppered by bullets. Picture: Supplied Victorian Supreme Court

Police believe the execution may have been a case of mistaken identity – a theory that went unchallenged through the court process.

DNA located on a jumper found in a Culture Kings branded bag dropped by the shooters as they fled a second vehicle was matched to Ong.

Last month, the 39-year-old appealed his 35-year sentence, arguing the jury’s verdict was unreasonable and could not be supported by the evidence.

His lawyers argued he was not in the Mercedes that tailed and shot Mr Virgona, claiming Rider carried out the killing with an unknown person.

They submitted there was no conclusive evidence tying Ong to Rider after the pair left the Mongols clubhouse separately about 10.30pm the night before, as opposed to the wealth of DNA evidence tying Ryder to the vehicle.

Aaron Ong was jailed for 35 years in August 2023. Picture: NewsWire / Nicki Connolly

Ong’s case was called for judgment in the Court of Appeal on Monday morning as a panel of three judges dismissed the appeal in his absence.

In written reasons, Justices Karin Emerton , Christopher Boyce and Stephen Kaye said the case against Ong contained “powerful” circumstantial evidence pointing to his involvement in the killing.

“Thus, taken together, the matters thus relied on by the applicant could not rationally detract from the cogency of the prosecution case presented against the applicant,” they wrote.
“For the reasons that we have discussed, it was well open to the jury to conclude ... at the time of the murder of Mr Virgona, the applicant was physically present with Rider.”

Ong will be eligible for parole after serving 24 years and six months of his sentence.

Originally published as Aaron Ong: Mongols bikie learns outcome of appeal against murder conviction over fruiterer Paul Virgona shooting