By Erin Pearson and Tara Cosoleto
A man who opened fire on patrons outside a boxing match in Melbourne’s west has been found guilty of murder after fatally shooting one man and injuring another when tensions between two groups at the event boiled over.
On Monday, a Supreme Court jury found Abdullah El Nasher guilty of murdering 33-year-old father Ben Togiai and seriously injuring a second man when he fired shots into a crowd as they left the Melbourne Pavilion on March 1, 2019.
Osamma Allouche (top right) was found not guilty on all charges, while Abdullah El Nasher (bottom right) was found guilty of murder and intentionally causing serious injury.Credit: Paul Jeffers
The jury found a second shooter – Osamma Allouche – not guilty of both charges.
The trial before Supreme Court judge Justice Christopher Beale heard El Nasher, 32, and Allouche, 28, arrived at the Kensington venue separately after El Nasher’s then-girlfriend, Brittany McGuire, was given free tickets to the prized Big Time Boxing event.
El Nasher arrived at the Racecourse Road venue first, sitting at table 28 with a group of others before turning off his mobile phone about 8pm.
Inside the venue, tensions grew between some men seated with El Nasher at table 28 and those on nearby table 64.
Benjamin Togiai’s family leave the Supreme Court of Victoria in Melbourne on Monday.Credit: AAP
Soon after, CCTV footage showed El Nasher walking back to his car and returning with a black satchel police believe contained a gun.
Shortly before 10pm, both tables were asked to leave the event.
As people from table 64 gathered outside the venue, El Nasher ran towards the crowd and fired seven .25 automatic Colt bullets in their direction. Allouche fired a single shot, which struck the footpath, before both men fled the scene separately.
Togiai, a 33-year-old forklift driver, was struck and died at the scene while the second man suffered a gunshot wound to the leg.
El Nasher, of Port Melbourne, and Allouche, of Coburg, were later charged with murder and attempted murder, accused of forming an agreement to kill or seriously injure people who had been sitting on a nearby ticketed table.
On Monday, following a month-long trial, a jury found El Nasher guilty of murder and intentionally causing serious injury. Allouche was found not guilty on all charges and is expected to be released following almost four years on remand.
Lawyers for both accused men had argued their clients were acting in self-defence when they fired shots and that neither entered into any agreement to kill.
Outside court, wearing a T-shirt emblazoned with his son’s face, the slain man’s father, Faatau Togiai, said he was relieved at El Nasher’s guilty verdict.
“We’re so happy, we’re so overwhelmed with the result today,” he said.
“We miss our son. Our heavenly father knows the truth and he knows everything in our heart.”
Sister Jolene Togiai said her brother would always be remembered as a strong father and family man who was the life of the party.
“His daughter will grow up knowing that her dad was a good man,” she told reporters outside court.
“She misses him so incredibly much. She talks about him all the time and so at least there’s some justice for her as well.”
El Nasher will be sentenced at a later date.
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