Osman Tiba found not guilty over Coburg mosque shooting following judge-only trial
A member of one of Melbourne’s most notorious crime families has been acquitted over the shooting of a gangland figure outside a mosque despite a judge saying on “the balance of probabilities” he was likely involved.
Police & Courts
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A member of one of Melbourne’s most notorious crime families has been acquitted over the drive-by shooting of a gangland figure outside a mosque.
Osman Tiba, 36, walked free on Thursday after Justice Stephen Kaye found him not guilty on all four charges following a Supreme Court judge-only trial.
The court heard he was the driver of the BMW from which the shots were fired at Mohammed Oueida as he walked near the Coburg Islamic Centre on April 17, 2017.
His brother Omar Tiba was the one who pulled the trigger. But Osman Tiba claimed he didn’t know of his brother’s intentions.
Oueida survived the shooting, later texting Osman Tiba: “Hey dog lucky you c..ts are a shit shot lol.”
Giving evidence in the trial, Osman Tiba said he had planned to confront Oueida that day to convince him to waive a drug debt he owed him. He said Oueida had been sending him and his family messages about the outstanding debt.
He thought after they had earlier spent some time in prison together that he would be able to persuade him in person.
Osman Tiba said he rang his nephew, who was tall and strongly built, to join him, hoping that would dissuade Oueida from becoming violent.
But his brother also arrived with his nephew. As they drove up the street and past Oueida and his two associates, he claimed he was planning to park to get out. But instead his brother hung out the car and drew his weapon. Osman Tiba said he braked and tried to pull his brother back to stop him from shooting.
Justice Kaye accepted if the test was “the balance of probabilities” as opposed to beyond reasonable doubt the prosecution case may have been proven. “However … that standard is not applicable in a criminal trial,” he said.
“Based on the evidence, there remains a reasonable possibility, which I cannot exclude, that the accused was not a party to an agreement, arrangement or plan with Omar Tiba to shoot at Oueida.
“But rather that he was attempting to approach and meet up with Oueida in order to try to resolve their differences over the debt.”
Accordingly, Justice Kaye acquitted him on intentionally and recklessly causing serious injury in circumstances of gross violence, and two charges of conduct endangering a person.
Omar Tiba earlier pleaded guilty to his involvement and is expected to face a Supreme Court pre-sentencing hearing at a later date.
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