Accused Kensington boxing match head-stumper Ali El Nasher bailed
Ali El Nasher, who is accused of attempting to kill a rival in a shootout melee at a Kensington boxing event, has been cut loose from jail despite two other judicial officers earlier refusing his release.
Police & Courts
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A man accused of attempting to kill a rival in a shootout melee at a Melbourne boxing event has been cut loose from jail despite two other judicial officers earlier refusing his release.
Ali El Nasher, 30, is facing a charge of attempted murder after he allegedly stomped on the head of Joseph Abouchaya as he lay wounded from gunfire at Melbourne Pavilion in Kensington on March 1 last year.
A magistrate and a Supreme Court judge had both declared Mr El Nasher too great a risk to the public and refused him bail in earlier applications in December and April.
But Mr El Nasher, 30, took his fight for freedom to the Court of Appeal and on Thursday was granted bail.
Appeal justices Phillip Priest, Terry Forrest and Mark Weinberg said it was a weak prosecution case and that Mr El Nasher was at risk of spending more time on remand then if found guilty as his case faces delays due to COVID-19.
After “anxious consideration”, the experienced judges felt any unacceptable risk posed could be ameliorated with “a very stringent set of conditions”.
Conditions imposed included Mr El Nasher cough up a $400,000 surety, surrender his passport and report to his local police station twice a week on Mondays and Thursdays.
He must also not contact any co-accused or prosecution witnesses, is forbidden from attending international points of departure and has to obtain permission from the court if he wishes to change his residential address or leave the state.
A curfew between 8pm and 7am was also applied. He must present himself at the front door of his residence at police request during those hours.
His case returns to court on October 19 where a magistrate will determine if there is sufficient evidence for him to stand trial.
The appeal judges said they gave “significant weight” to the nature and seriousness of the alleged offending, the strength of the prosecution case and the length of time Mr El Nasher would likely spend on remand.
“We consider it likely that the appellant will spend up to three years in custody before his trial is completed,” they said.
On the current evidence, they said it was “nigh on inevitable” he would be acquitted of attempted murder and the causing serious injury charges.
Mr El Nasher also had a “real prospect of acquittal on attempting to intentionally cause serious injury simpliciter or in circumstances of gross violence”, they said.
Mr El Nasher claims his actions on the night were self defence as Mr Abouchaya was armed with a gun.
He did not draw a gun during the alleged shootout, in which an associate of his allegedly shot and killed Benjamin Togiai.
Mr Abouchaya and kickboxer Omar Bchinnati, who were at the boxing event with Mr Togiai, were wounded.
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