How DJ equipment led to man’s death
Duane Hutchings was in the wrong place at the wrong time. The father of five didn’t know his friend had earlier twice duped a party hire company of its DJ equipment, and that the owners — backed by friends — were about to storm her home to retrieve it.
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Duane Hutchings had been at his female friend’s home for less than 40 minutes when he was shot dead.
The father of five was in the wrong place at the wrong time.
He did not know his friend had earlier twice duped a party hire company of its DJ equipment, and that the owners — backed by friends — were about to storm her home to retrieve it.
Now suburban father Tony Panagiotou, 56, is set to stand trial for his murder.
And his two sons John, 18, and George, 22, will be tried alongside him on charges of aggravated home invasion, intentionally and recklessly causing injury, and unlawful assault.
Three of their mates, Jonathon Atalalis, 24, and Marc Amad and Ameer Jarrar, both 18, will also sit alongside them facing the same charges.
All of the men pleaded not guilty as a week-long hearing in the Melbourne Magistrates Court concluded there was sufficient evidence for each of them to face trial.
The woman, who cannot be identified, is the key witness of the prosecution case, telling the hearing how at least eight men invaded the Oakleigh East home she was house-sitting about 5.20am on February 9.
Mr Hutchings, 44, had arrived at the home about 4.45am and they were smoking ice together.
“There was a lot of yelling and s--- happening,” the woman told the court.
“They just came in and went straight into action.”
About 10 minutes earlier, a man by the name of “Stephen” — who police allege is Mr Atalalis — had arrived at her home after organising with her to inspect DJ equipment she was advertising for sale on Gumtree.
After looking at the decks, he told her he would go outside to get payment.
But when he returned, the woman told the court others followed in behind him.
“From my understanding every one had some sort of weapon on them … crowbars, metal pole, the gun, obviously,” she said.
She described one of the men having a “small and skinny” build and wearing a bandana, before pointing out George Panagiotou in the court, saying he stopped her from calling for an ambulance for Mr Hutchings as he lay bleeding in the loungeroom.
“When Duane fell to the ground, I went to get up. He wouldn’t let me help him. He said to sit the f--k down and not to get up,” she said.
She was able to pick him from a series of photos police showed her from his eyes, she said.
“They were dangerous looking eyes. They stood out,” she told the court.
“He was up in my face. You don’t forget those kind of eyes. When they are staring at you, you don’t.”
She said while the men assaulted Mr Hutchings with batons, “Stephen” just stood near the equipment.
“He was kind of the odd fish,” she said. “I just don’t think he is a violent person to any level. I didn’t see him with any weapon.
“He didn’t seem to fit with them. I didn’t feel threatened by him.”
She couldn’t recall any words exchanged between the men and Mr Hutchings.
“It happened too quickly,” she said.
She said when the “older guy” pulled out the gun and shot Mr Hutchings, the younger men “were shocked” and ran outside.
The woman told the court she was on the phone to friend Paul Simpson when Mr Hutchings’s attackers entered the house.
After they demanded she get off the phone, she put the phone down, but didn’t realise until picking it up to call triple-0, Mr Simpson had remained on the line.
“Did you hear all that?” she asked Mr Simpson, who responded, “Yes, are you getting raided?”
“No, they’ve just shot Duane,” she said.
Mr Simpson told the court he heard “smashing and banging” during the four-minute call.
“I thought she was getting raided,” he said.
He said he was “pretty off my head” at the time after consuming ice and could hear voices down the telephone but it wasn’t clear what they were saying.
“Some bloke said ‘is that stolen?’,” he recalled.
The woman admitted she used a screenshot that falsely purported she had paid for the hire of equipment from Love It Loud, which is owned by the Panagiotou brothers and Mr Atalalis, before it was delivered on February 6.
She then sold it on Gumtree for $3200.
Two days later she got a male friend to call and hire more equipment, before listing it again on Gumtree.
It was this advertisement, the court heard, that Mr Atalalis saw and reached out to her, pretending to be a would-be buyer.
Detective Acting Sergeant Megan Adams told the court Tony Panagiotou had been “full and frank” about his involvement when first arrested.
“He wanted to take full responsibility,” she said, adding how he told her his sons weren’t aware he was carrying a gun.
He later even led police to where the weapon was after a magistrate refused his sons bail while the weapon remained outstanding.
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Leading Senior Constable Tony Ruiz, a ballistics expert, analysed the scene, and then later the gun.
He said the gun, when hit with the force of a mallet, fired without being cocked.
But a drop test of the gun was also conducted, he said, and it did not fire on impact.
Mr Hutchings died from a single gunshot wound to the head, but also sustained blunt force trauma, lacerations and bruising to his body in the attack, the court heard.
Tony Panagiotou remains behind bars on remand, while the other accused are on bail.
They will all face the Supreme Court for a directions hearing on January 7.