Paul Younan, Haysam Hamdan fought secret hearings into Australia Day killing, court documents say
Two of the men accused of killing Omega Ruston fought the courts for six years to avoid secret hearings into the young father’s murder.
Police & Courts
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Two of the men accused of killing Omega Ruston fought the courts for six years to avoid secret hearings into the young father’s murder.
Former Nomad and Bandido bikie Paul Younan, Haysam Hamdan and Toni Elbayeh were arrested in Sydney this week and will be extradited to Queensland to face murder charges over the 2009 Australia Day shooting.
Mr Ruston was driving along the Gold Coast Highway at Burleigh Heads when he was shot dead in an alleged road-rage attack.
Younan and Hamdan were named in a number of court documents as suspects, after both launched legal challenges to avoid secret Crime and Corruption Commission (CCC) hearings into the shooting. They also tried to take their battle to the country’s highest court.
The CCC, which has the powers to compel witnesses to hearings to provide evidence, tried to question Younan shortly after Mr Ruston’s death, but he challenged the summons in court.
Elbayeh was also named on the 2009 challenge against the CCC’s summons to “Star Chamber” hearings but did not feature in later legal battles. Younan ultimately failed, but two years later was again ordered to appear, along with Hamdan.
A Supreme Court judgment in 2009 revealed they were compelled to appear in the CCC after Queensland police “received information in the form of criminal intelligence provided in confidence by the New South Wales police force”.
“This intelligence gives rise to suspicions concerning the involvement of persons referred to in the information,” it said.
Younan and Hamdan launched a second legal challenge against the summons, arguing their attendance notices were an improper exercise of power.
They lost their challenges in the Supreme Court and Court of Appeal and were twice refused special leave to appeal the decisions in the High Court.
Police on Tuesday revealed the dramatic developments in the cold case, after making four arrests.
Hamdan was taken into custody at Sydney airport where he was about to board a flight to Dubai. Police seized more than $25,000 from his luggage. Younan, the alleged shooter, and Elbayeh were arrested by bikie-busting cops in Sydney.
Ex-bikie-turned-creator of The Clink podcast, Brent Simpson, was also charged with accessory after the fact to murder.
Queensland detectives travelled to NSW and successfully applied for the Sydney trio’s extradition.
They are expected to travel to Queensland in a police plane where they will formally face murder charges.
Police are still appealing for information about the shooting and are appealing for anyone with information to contact Crimestoppers on 1800 333 000.
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