Man on attempted murder charge denied bail as gunfight details revealed
A man facing charges including attempted murder over a confrontation in which he was wounded in an alleged shootout with police has had his bail denied. Now a court has heard all the details of the dramatic gunfight.
Police & Courts
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Details of a dramatic roadside gunfight between police and a suspect who allegedly shot at them have emerged in court.
Fadi Diab is facing charges including attempted murder over a confrontation in Melbourne’s north in which he was wounded in an alleged shootout with Australian Federal Police officers.
The Supreme Court was told two officers were in an unmarked AFP vehicle at Greenvale at 4.50am on September 12 last year when they noticed a black VW Jetta. Checks indicated it had cloned number plates.
It was alleged the 29-year-old Mr Diab was standing at the rear passenger side of the VW, which had its boot open, and another man was close by.
A second vehicle drove from the scene as the officers pulled up and said “police, don’t move” towards Mr Diab and the other man, a prosecution summary alleged. The court was told that as the officers walked towards the pair, Mr Diab pulled a .38 calibre Smith & Wesson revolver from his pocket and fired three shots.
One officer returned fire twice, hitting Mr Diab in the right shoulder and neck, sending him to the ground before he was cuffed and arrested.
The summary said the gun fired by Mr Diab was stolen. Police say the VW Jetta was stolen six months earlier from Healesville and had fake plates. In its boot, investigators allegedly found a black balaclava and gloves and other black clothing, and a camouflage bag containing four water bottles filled with petrol.
A grey rental Audi Q5 fitted with false plates, later found in Craigieburn, contained a black backpack holding four water bottles filled with petrol.
A forensic examination of the Audi allegedly found a “latent” fingerprint belonging to Mr Diab. A search of his Tullamarine home uncovered a large amount of unsecured ammunition, the court heard.
The allegations were aired last month when Mr Diab made an application for bail. His legal team said a committal hearing set down for last month had not occurred due to COVID-19.
Solicitor Nick Marcevski provided an affidavit saying his client was not on bail at the time of the Greenvale matter, had no history of breaching bail conditions and had a limited criminal history.
He said the prosecution case was weak, Mr Diab did not know the officers were police, and he had aimed at the vehicle’s engine in an attempt to disable it.
Justice David Beach said he was not satisfied there were exceptional circumstances justifying bail.
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