Teenager charged over fatal St Kilda brawl wins bail after change of heart

It’s taken 19 days in a youth prison to change the mind of a teen, who was locked up after he refused to stop hanging out with gang members.

Emergency crews on the scene of the fatal St Kilda stabbing.

A teenager locked up for Christmas over a deadly St Kilda brawl because he refused to stop hanging out with gang members has had a change of heart after spending 19 days in youth detention.

The boy, 17, who is charged with affray and violent disorder over the melee that left Hashim Mohamed dead on December 4, returned to a children’s court on Wednesday where he agreed to abide by all strict conditions if cut loose from the Parkville youth justice centre.

He had been refused bail on December 23 after admitting he wouldn’t comply with a condition not to associate with Original Gangster Killer members.

But his lawyer told the court the boy’s circumstances had changed and he had given “recent consent” to engage in youth justice services and abide by bail conditions.

The lawyer argued the boy should be freed back into the community as he was now at risk of spending more time on remand than any sentence he would get if found guilty.

“(My client) has been in custody now for 19 days,” the defence lawyer said.

Hashim Mohamed died in hospital after being stabbed at St Kilda foreshore. Picture: Supplied

“If he was to be found guilty of these offences of affray and violent disorder … he’d unlikely find himself in custody.”

He said the boy, who cannot be named for legal reasons, had no criminal priors and the prosecution had conceded there would be delays in the case.

The prosecution opposed bail saying the teen was an unacceptable risk due to his willingness to engage in a “violent, gang-related crime targeted at an individual that led to his death”.

The magistrate said the boy could be “afforded the opportunity to remain in the community” while his case proceeds in court, citing his youth, lack of priors, delays in the case, and likely sentence.

“These are very serious matters,” the magistrate said.

“As a consequence of the actions of a group of people, a young person lost their life — I must take that into account.

“(But) it’s not put to me at the moment that (this accused) was the primary offender.”

Police on the scene in St Kilda. Picture: 7News

In granting bail, he said 19 days on remand in youth detention was a “significant” period for a young person.

He ordered the boy stick to an 8pm to 6am curfew, have nothing to do with his co-accused and members of the OGK gang and not attend St Kilda.

The accused must also abide by all directions of his youth justice worker and participate in any programs she tells him to do, he said.

“I don’t care if you like doing them or not,” the magistrate warned him.

“You have to do it.”

The boy gave a thumbs up to indicate he understood the conditions, which also included he return to court on February 16.

An earlier court heard a fight between two rival youth gangs had led to the fatal stabbing of 18-year-old Mr Mohamed.

Police have trawled CCTV which captured the brawl involving about 20 young men, and have identified and charged eight youth with affray and unlawful violence.

But detectives are yet to charge anyone with Mr Mohamed’s murder.

They have made a public appeal for information on the whereabouts of Santino Yor, 18, from Albion, who they believe could assist them in their investigation.