Adeel Khan not guilty of mum, baby’s murder in Rozelle shop explosion, guilty of manslaughter

A husband who lost his wife and infant son when a deliberately lit fire swept through their apartment was dealt another blow when their killer was found not guilty of their murders.

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A GRIEVING husband who lost his wife and infant son when a deliberately lit fire swept through their apartment was dealt another blow yesterday when their killer was found not guilty of their murders but guilty of manslaughter.

A heartbroken John O’Brien walked silently from the Supreme Court after the jury unanimously found Adeel Khan not guilty of the murder of his wife Bianka O’Brien, 31, and son Jude, 11 months, when he deliberately set fire to his Rozelle shop below the family’s apartment in the early hours of September 4, 2014.

Adeel Khan is led into the Supreme Court today. Picture: John Grainger

Khan, 46, did not react when the verdict of not guilty of murdering but guilty of manslaughter was read out.

The verdict came four days after the jury found Khan guilty of the murder of another resident, Christopher Noble, 27, and the grievous bodily harm of his two flatmates, Todd Fisher and Corey Cameron.

Mr Noble and his two friends lived ­directly above Khan’s shop while Ms O’Brien lived in the next-door apartment block. Outside court, Mr Noble’s mother Liz expressed her sympathy for Mr O’Brien and his wife’s family, saying she was “not happy” with the verdict.

“I just feel bad for them. It does not mean at all that their lives are any less valuable than Chris’s,” she said.

Victims Bianka O’Brien and her baby son Jude

Mr Noble’s mother said it was a dreadful waste of three young lives who should have been safe sleeping in their own beds.

“Lives taken so callously by the act of a man focused only on his own perceived needs.

“This dreadful waste includes the ripple effect of the explosion on Chris’ house mates and those that lost their homes,” Ms Noble said reading from a statement

“The accused has never expressed any remorse of sorrow for the lives taken and that has been really, really difficult for us.

Devastation ... Scene in Darling Street, Rozelle after explosion. Picture: John Grainger

The apartment complex was fully ablaze that night.

Khan pleaded not guilty in the Supreme Court to all charges, and told the jury three armed robbers broke into his store, tied him up and set the fire.

The Crown alleged Khan had set the fire because he had debts of almost $400,000 and had not been able to sell the badly performing business. Three days before the blaze he was captured on

CCTV footage buying almost 40 litres of petrol from a BP service station in Croydon Park.

He told the jury that he put the petrol containers in the shop because of “a strong smell” in the car, and that he wanted to keep almost 40 litres in spare fuel while he tested how long he could drive once his fuel gauge started flashing. Under questioning from his barrister Luke Brasch, Khan denied deliberately setting fire to his shop.

“Did you light or somehow deliberately cause the explosion and fire to the store?” Mr Brasch asked.

“No, I did not,” Khan replied.

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Victim Chris Noble.

CCTV footage of Adeel Ahmad Khan at a BP service station.

Naima Adeel, wife of Adeel Khan, leaves court last week.

He told the court the three men came into his shop at 11pm on September 3 and bought cigarettes.

“I opened the cash register to get change, and then (one of them) told me he had a gun,” Khan told the jury.

“I was shocked, I told them not to do anything and I would co-operate. He asked me to turn off the lights.”

Khan told the jury the men forced him into the storeroom, tied him up and covered his eyes. He managed to untie his hands, pull off the blindfold and run for the door.

“I don’t know where I was but I heard a blast. After some time I got conscious and I heard the voice of the fire brigade,” he said.

John O'Brien leaves court. Picture: John Grainger

Liz and Ross Noble outside court. Picture: John Grainger

Ms Noble remained brave and composed until she paid tribute to her son quavering as she described how he was loved by “so many people.”

“He was a great young man with a wonderful, fulfilling and happy future ahead of him we will miss everything about him everyday for the rest of our lives.”

Ms Noble said she was “not happy” that the jury found Khan not guilty of the murder of Ms O’Brien and her son but guilty to a lesser charge of manslaughter.

“I just feel bad for them it does not mean at all that their lives are any less valuable than Chris’.”

Ms Noble dismissed Khan’s defence that robbers tied him up and set fire to his shop saying, “seriously, he thinks we are all stupid.”