Albert Biba accused of murdering Andrew Toumayan at Ringwood crop house
A man accused of shooting dead a burglar who was raiding his Melbourne crop house had allegedly entered Australia on a false passport before being involved in a sham marriage, a court has heard.
Police & Courts
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A burglar raiding an unattended Melbourne crop house was shot dead after he unwittingly set off a silent alarm, sending a message to its owner, a court has heard.
Albert Biba, 31, is accused of murdering Andrew Toumayan after finding him at the Ringwood property being used to grow cannabis in April 2018.
Explosive allegations surrounding the killing — along with Mr Biba’s illegal entry into Australia and a sham marriage — emerged as he made a bid for bail in the Supreme Court.
The court heard Mr Biba rushed from his Box Hill home after he was alerted to the break in through an alarm system at the crop house in the early hours of the morning.
He parked some distance away before walking to the home, where he allegedly came face-to-face with Mr Toumayan, shooting him as he fled down the driveway.
As associate then picked up Mr Biba and returned him to his car.
DNA and fingerprints inside the crop house were allegedly matched to Mr Biba.
More than three times the commercial quantity of cannabis was being cultivated in the home.
Mr Biba was not arrested until four months later on August 31
He is charged with murder and cultivating a commercial quantity of cannabis.
Mr Biba argued he would stay at his brother Diego’s Greenvale home, abide by a curfew and wear an electronic tracking device at his own expense of $25,000-a-year to gain freedom.
But Justice Christopher Beale denied bail saying he was an unacceptable risk of absconding if freed.
The court heard Mr Biba was born in Albania, where his parents and other siblings remain, and had entered Australia on a false passport in 2013.
Australia and Albania do not have an extradition treaty.
In 2014, he married Shana Ruffat in Melbourne but “she has made a statement which strongly suggests that the marriage was a sham to enable (Mr Biba) to stay in Australia”, Justice Beale said.
Justice Beale said his concerns were magnified by the offer of a $470,000 surety from a woman who claims she had never met Mr Biba, but had instead known his brother for two years through a poker playing group.
He found the surety, Amal Fanous, “extremely unimpressive”, pointing to a letter signed by her and shown to the court, which was written to support Mr Biba in an aborted bail application last year, which gave conflicting information.
“I have known Albert Biba for four year now, he is an extremely close friend of the family and from my experience, a very decent human being,” she wrote.
Mr Biba is expected to face trial in April.
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