Abdullah El Nasher sentenced to 22 years in jail for killing Ben Togiai outside Melbourne Pavilion
Supporters of Abdullah El Nasher, who carried out a fatal shooting outside a crowded boxing match in Kensington, yelled “keep your head up” after the killer was sentenced.
Police & Courts
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The sister of a man gunned down outside a boxing event says she is grateful his killer has been jailed but nothing would bring her brother back.
Abdullah El Nasher, 31, was on Tuesday jailed for 29 years and three months with a non-parole period of 22 years after he was found guilty of murdering Ben Togiai, 33, when he opened fire into a crowd outside a boxing event at the Melbourne Pavilion in Kensington.
Speaking outside the Supreme Court after the sentence, Mr Togiai’s sister Sharon Togiai described her brother as an “amazing person” and thanked those involved in bringing El Nasher to justice.
“He was amazing, warm, bubbly, super happy, would do anything for anyone. He would give his shirt off his back for anybody,” she said.
“The informants, the prosecutors, we’re just super grateful, the witnesses who were able to come forward none of this would have happened without them.
“We’re happy with the sentence that was given today, but like I said, nothing will bring back Ben.”
Seated in the dock flanked by custody officers, El Nasher looked downcast but kept his gaze focused on Justice Christopher Beale as he approached the end of his sentence.
One of El Nasher’s supporters yelled from the upstairs public gallery “keep your head up” shortly before El Nasher was led away.
In his sentencing remarks, the judge said El Nasher’s “violent actions” had robbed a little girl of her father and he hoped he had insight to what that meant given he had also lost his father at a young age.
After a month-long trial, El Nasher was in June found guilty of Mr Togiai’s murder and intentionally causing serious injury to another man, Omar Bchinnati, who was shot in the leg.
The trial heard El Nasher and his associates were seated near Mr Togiai’s group at the Big Time Boxing event on March 1, 2019.
El Nasher recognised Mr Bchinnati and left to retrieve a handgun before returning a short time later with the firearm inside a bumbag.
Witnesses described seeing the two tables taunt and abuse one another throughout the night, before both groups left about 10pm.
Justice Beale said CCTV suggested the arguing continued on the footpath near the venue’s entrance before El Nasher — who had left earlier — ran across the road and fired five shots into the other group.
Mr Togiai was shot in the chest and died at the scene while Mr Bchinnati was shot in the leg, requiring emergency surgery.
The entire shooting lasted about 20 seconds and up to 30 people were outside at the time.
Justice Beale said many were left traumatised after witnessing the violence.
El Nasher pleaded not guilty to murder and attempted murder, claiming he acted in self-defence because there was a punch up and two other men pointed firearms.
“Clearly the jury rejected your defence of self-defence,” Justice Beale said.
Character references provided by El Nasher’s family claimed he was remorseful for his offending but the judge said he was not convinced that he was sorry for anyone other than himself.
“I hope I am wrong and you are truly sorry,” Justice Beale said.
The judge outlined El Nasher’s criminal history that included jail stints, noting he had been placed on a community correction order just a week before the shooting.
The jury convicted El Nasher of Mr Togiai’s murder but acquitted him of the attempted murder of Mr Bchinnati, instead finding him guilty on an alternate charge of intentionally causing serious injury.
A second shooter, Osamma Allouche, who fired a single shot into the ground, was acquitted of all charges and attended Tuesday’s hearing in support of El Nasher.
Dashcam footage from a passing vehicle was played to the trial, showing El Nasher running towards the venue before firing a volley of shots into a group of people.
With more than four years spent on remand, he will be eligible for supervised release in 2041.
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