Haysam Hamdan applies for bail in Brisbane Supreme Court, decision to be handed down next week

A man charged with the murder of Omega Ruston left the country for almost two years, three days after the young father’s death, a court has heard.

A man charged with the murder of Omega Ruston left the country for almost two years, three days after the young father’s death, a court has heard.

Haysam Hamdan, 43, applied for bail in Queensland’s Supreme Court on Friday where his sister offered up a $900,000 surety for his release.

Hamdan is charged with murder with an alternative of accessory to murder.

He was extradited from NSW alongside Paul Younan and Toni Elbayeh, who also face murder charges in relation to Mr Ruston’s death.

Omega Ruston died in an alleged road rage attack on Australia Day, 2009.

Hamdan is accused of being a passenger in the vehicle involved in an alleged road-rage incident with Mr Ruston before the shooting at Burleigh Heads on Australia Day 2009.

Police allege that on the night of the shooting Hamdan and Younan spent time with co-accused Brent Simpson, while the following day Elbayeh and another person disposed of the gun.

The group left the Gold Coast and returned to Sydney on January 27 via an “unconventional inland route”, the court heard.

Crown prosecutor Sarah Dennis argued Hamdan was a flight risk, telling the court he paid in cash for plane tickets out of the country three days after the shooting, where he stayed for 21 months.

But Justice Peter Davis made the point that Hamdan had returned.

Ms Dennis argued that his departure was “quite significant” despite coming back and it could be inferred that 21 months was a reasonable time for somebody “to wait out, to allow the dust to settle”.

She also made reference to a recent attempt to leave the country, but the court was told there was no suggestion he knew that he was in the sights of police.

Justice Davis said it was a “coincidence that means nothing” unless he had knowledge that police were after him.

Police at scene of Omega Ruston shooting on Gold Coast Highway at Burleigh Heads.

Hamdan’s barrister Angus Edwards said the flight was a result of an earlier delayed booking.

Justice Davis also raised concerns about alleged links to organised crime.

Mr Edwards argued his client had “reformed” and both lived and worked in NSW with a supportive family.

“The allegation that he has criminal underworld associates … it may once have been true in 2009, but there seems limited evidence now.”

He said the only instance that is pointed to is a boat party in which he was with a man charged with money laundering.

Omega Ruston died on Australia Day 2009.

Mr Edwards said bail could be managed with conditions, and argued there was no case against his client for murder.

“The highest the Crown can put it after 13 years of investigation is he was in the car,” Mr Edwards said.

Justice Davis reserved his decision.

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Originally published as Haysam Hamdan applies for bail in Brisbane Supreme Court, decision to be handed down next week