Adris Kheyali refused bail after being charged over shooting death of ‘Afghan Ali’

A man charged with murdering notorious underworld boss Mohammed “Afghan Ali” Keshtiar has lost his bid for bail after a judge dismissed his claims the case against him was weak.

A man accused of gunning down notorious underworld figure “Afghan Ali” has been refused bail after a judge rejected his claims the case against him was weak.

Adris Kheyali, 23, made a bid for freedom in the Supreme Court on Tuesday after he was charged with the shooting murder of Mohammed Keshtiar outside his apartment building in South Yarra in August 2023.

On Wednesday, Justice Rita Incerti refused to release Kheyali into the community, saying she did not consider the prosecution case to be weak — as argued by his lawyers — and her primary consideration was the safety of the community.

Adris Kheyali is accused of the murder of notorious bikie ‘Afghan Ali’. Picture: Jason Edwards

“Murder is the most serious offence in the criminal calendar,” she said.

“The alleged offending was targeted, it occurred in public ... and involved the repeated use of a firearm.”

New bail laws require judges to prioritise community safety above all other considerations.

Kheyali’s defence barrister Dermot Dann KC had earlier argued the prosecution case had “its problems” and there was no forensic evidence or a firearm linking his client to the shooting.

His mental health issues, young age, limited criminal history, family support, difficult conditions in custody and delays to his case also warranted the granting of bail, he argued.

Bail conditions including electronic monitoring and a curfew were proposed in addition to an $800,000 surety offered by his family.

Mohammed ‘Afghan Ali’ Keshtiar.

The court heard Kheyali suffered from depression, anxiety and PTSD, but Justice Incerti said there was no evidence his condition had deteriorated in custody or that he couldn’t access appropriate treatment behind bars.

While he had the support of his family, the judge said the 23-year-old was “not a child” and she was not confident they could supervise him.

He had also been involved in the violent bashing of a man at a gym in January 2023, which she described as “violent and disturbing behaviour”.

“Exceptional circumstances are not established,” she said.

“It follows bail must be refused.”

Adris Kheyali has been refused bail. Picture: Facebook

The court heard Keshtiar, who had underworld links, was walking with another man when he was shot at from a stolen car, with police alleging that Kheyali was the triggerman.

Kheyali allegedly got out and shot Keshtiar several more times before fleeing in the vehicle which was later torched.

He was arrested in September last year but released pending further inquiries, before he was rearrested and charged last month after fresh information came to light.

The court heard Kheyali’s wife lived in Afghanistan and had been in a coma since giving birth to their stillborn son in November.

Mr Dann had argued his client was not a flight risk, pointing out he had travelled to the war-torn country several times since Keshtiar’s death without issue.

Dressed in a black suit and shirt, Kheyali blew kisses to his family and told them “it’s OK” as he was led out of court by custody officers.

He will return to court later this year.