Drama-filled Mitat Rasimi murder trial leaves heads spinning

A runaway witness, punch-ons outside court, Covid hassles and a run-in with a kangaroo were all part of the drama that unfolded during the Mitat Rasimi murder trial.

A runaway witness, punch-ons outside court, Covid hassles, a run-in with a kangaroo and complaints of insufficient food and sleep for the accused; the Mitat Rasimi murder trial was not without its drama.

Heads were left spinning when the court mid-trial learned one of the key witnesses testifying against the Comanchero bikies was being held at Melbourne Airport.

That man — who can only be known as Witness L — had passed through customs and was ready to board a flight out of the country when an alert was triggered.

He was intercepted by Australian Federal Police officers.

Mitat Rasimi was shot dead in Dandenong in 2019.

The case’s homicide squad informant, Sgt Luke Farrell, told the Supreme Court he was a “reluctant” witness against the Comanchero accused of murdering Mr Rasimi.

Sgt Farrell said Witness L was subject to a flag for outgoing passenger travel.

“He was … scheduled to leave the country in the next hour … to travel overseas,” Sgt Farrell said.

“I advised him that the case had commenced and he would be expected to give evidence early next week.”

Justice Andrew Tinney then prepared an arrest warrant which was transmitted to the AFP, enabling Witness L to be put before the court that day.

Witness L – who said he did not know why he was in court – was asked by the judge whether he would like to be released on bail.

“Doesn’t bother me. Release me, don’t release me,” he responded

Witness L said he could show a return ticket indicating he would be back in Melbourne the following Monday.

“The actual arrival, sorry, return ticket was booked in before the actual departure ticket. So I have no idea why I’m here,” he said.

Supreme Court Justice Andrew James Tinney. Picture: Supplied

There was never any intention to leave and stay away, Witness L told Justice Tinney.

He told the court he had previously been overseas and had returned.

“As a joke, I told him (Sgt Farrell) I’m not coming back. If I wanted not to come back, I would have been overseas now. And you wouldn’t have found me,” he said.

Justice Tinney bailed Witness L on condition he reside at an address known to police and not “attend any point of international departure”.

Earlier, Justice Tinney was forced to put court security officers on notice after two women – believed to be supporters of the accused men – were in a punch-on outside the court building on a lunch break.

Three men, including Richard Ene, have been convicted over Rasimi’s murder. Picture: Supplied

The experienced judge was concerned “something might erupt” inside the courtroom in front of the jury.

“There was apparently some sort of scuffle … two women, so I’m told, were throwing punches towards each other,” Justice Tinney said.

The court heard protective services officers had to intervene and the perceived perpetrator was later refused entry back into the court.

“I don’t know what this is all about … but it’s obviously important that we all do our best to maintain some pretty strong control in and around the court,” Justice Tinney warned.

Legal counsel for one of the murder accused, Laiseni Kakato, raised issues over the long days he was facing.

Kakato’s barrister Patrick Tehan, KC, said his client was being transported to court from his Port Phillip Prison cell at 5.30am and not getting back until 7.30pm, with insufficient food throughout the day.

Police remove a car from the site where Rasimi was shot on Dawn Avenue in Dandenong. Picture: Andrew Henshaw

Mr Tehan said his client would be given a piece of fruit for breakfast, a sandwich for lunch, and then a “pretty simple microwave dinner”.

Justice Tinney raised it with prison authorities, and the situation reportedly improved.

In another twist, protections had to be put in place after co-accused Richard Ene contracted Covid during the trial, forcing him to have to watch on from afar via videolink to avoid delays in an already lengthy case.

It is always the preference of the court and parties that accused on trial are in person, but an exception had to be made again later in the trial for Albert Tangata’olakepa to beam into the court following misadventure with an iconic Australian animal.

His lawyer Charles Morgan told the court his client was not able to attend court.

“I understand he was – he had a run in with a kangaroo on the weekend and has a wound from that,” Mr Morgan said.

“It could be an infection that’s not quite – he hasn’t quite overcome.”

Rasimi was shot dead in Dawn Ave, Dandenong, in March, 2019.

Three men, including Kakato and Ene, were convicted of his murder and are awaiting sentencing.