Osman Tiba bailed over gangland figure shooting because of coronavirus crisis
A man charged over the shooting of a gangland figure outside a mosque has been granted bail because of the coronavirus crisis.
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A man charged over the shooting of a gangland figure outside a mosque has been granted bail because of the coronavirus crisis.
Prosecutors opposed the freeing of Osman Tiba on the basis he was a threat to the lives of witnesses and had a previous history of firearm offending.
He is accused of being the driver of a vehicle from which Mohammed Oueida was shot outside the Coburg Islamic Centre on April 17, 2017.
Mr Tiba’s defence team argued he was the longest-serving prisoner at the Melbourne Assessment Prison and that time would become more onerous as he had been told by its Governor that the jail would soon go into lockdown to avoid a COVID-19 outbreak.
Philip Dunn QC said his client would not pose an unacceptable risk if released as the pandemic would force him to follow government advice including staying home.
He said with unprecedented delays in the justice system as the courts put all new jury trials on hold to stop the spread of the virus “heaven only knows when the trial is going to get on”.
Mr Dunn said his client posed no risk to Mr Oueida because he was overseas.
Prosecutor Mark Gibson referred to a police affidavit which stated Mr Oueida had not assisted police and was not concerned about Mr Tiba getting bail.
“Several prosecution witnesses, however, hold serious and justifiable concerns in relation to Osman Tiba being granted bail. They are not just concerned for their own safety or the safety of their family but they are concerned for their lives,” Mr Gibson said.
Mr Dunn said two of three witnesses had already given evidence and the third had committed to his statement so there was no point in interfering with them.
He said Mr Tiba would agree to a “full curfew” if released, that he answer the door and phone night and day and that police be given the PIN for his phone.
But Mr Gibson said Mr Tiba being housebound would not prevent witnesses being intimidated.
“It’s submitted it (the risk) is unacceptable and that there’s not conditions that can ameliorate the risk because tentacles are far-reaching,” he said.
Supreme Court Justice Paul Coghlan bailed Mr Tiba with a $200,000 surety on condition he lives at a Craigieburn address and not leave between 10pm and 6am, that he report to police Monday to Friday and he not directly or indirectly contact witnesses.
He is facing charges of causing serious injury intentionally in circumstances of gross violence, causing serious injury recklessly in circumstances of gross violence and conduct endangering life.
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