By Chris Vedelago
The alleged kidnapping and bashing of a St Albans man was not politically, racially or religiously motivated, but instead stemmed from a personal dispute between the parties.
The case has attracted widespread reporting across News Corp publications over the past three weeks as the Herald Sun, The Australian and Sky News repeatedly published claims alleging Nemer Abusamha, 31, was abducted, assaulted and robbed on February 16 because of his relationship with an employer who had a different racial and religious background.
Victim of alleged kidnapping and bashing Nemer Abusamha.Credit: Instagram
A court suppression order bans the publication of details of the supposed motive claimed by the media outlets, but it has been discredited by sworn police evidence and two other sources with direct knowledge of the incident.
This masthead can also reveal that in the days after the alleged attack, Abusamha had been attempting to negotiate a deal with his alleged attackers.
A source close to both sides in the negotiations between Abusamha and accused woman Laura Allam said the dispute was personal in nature and not political, religious or racial.
The deal involved the return of Abusamha’s phone and watch, which were allegedly taken during the incident, as well as financial compensation for his pain and suffering. In exchange, he would have filed a “no complaint” statement with police.
Melbourne Magistrates’ Court.Credit: Darrian Traynor
It is alleged in police documents before the court that Allam, 28, and co-accused Mohammad Sharab, 37, lured Abusamha to a meeting where he was abducted, assaulted and robbed.
The remand summary tendered to Melbourne Magistrates’ Court alleges that Abusamha was dragged from a car by three masked men, kicked and stomped, then taken to another location in a truck. His head and hands were allegedly wrapped in duct tape and he was bashed with a hammer, with the offenders demanding the password to his phone and Apple watch.
Abusamha told police he recognised two of the three attackers, one of whom he alleged was Sharab and the other a man whose identity has been suppressed.
Allam, a human rights activist, has been charged with false imprisonment, common law assault, and unlawful assault, including by kicking.
Sharab has been charged with kidnapping, false imprisonment, armed robbery, making threats to kill, intentionally and recklessly causing injury and assault.
“The victim possesses a large amount of fear, as the accused stated to the victim that he will pay for what he has done,” the remand summary stated.
It also said Abusamha claimed he was visited by a relative of [one of the accused] “in an attempt to make a deal with the victim, so he can receive $10,000 in Australian currency as well as a new mobile phone and Apple watch”.
The widespread dissemination of claims the incident was motivated by political, racial or religious motives has led the lawyers for Allam and Sharab to seek broad suppression orders to stop the spread of misinformation.
The primary investigator in the case, First Constable Daniel Rees, told the court last week there was no evidence at this stage to substantiate News Corp’s claims the incident was motivated by race or religion.
“There is absolutely nothing to substantiate that. In relation to the victim’s statement, there is nothing to substantiate that motive,” he said.
The Murdoch-owned outlets have continued to assert the motivation based in part on its recounting of a conversation that Abusamha had with his employer, in which he claimed to be a victim of political, racial or religious violence because of his employer’s background.
But Abusamha’s sworn victim statement given to police contains no reference to this alleged motive.
In response to a series of stories about the alleged political, racial or religious motivation, Victoria Police issued a statement to deny that motive was part of the police case, criticising the Herald Sun for persisting in its incorrect reporting.
“The first story stated the accused were alleged to have targeted the victim because the victim worked for an employer of a particular religious background,” said Beck Angel, Victoria Police’s director of media and corporate communications.
“This is not correct. That allegation does not form part of the case against the accused and has not been alleged in any evidence or material before the court.”
The initial court hearing for Allam and Sharab was heard in a closed court, at the request of police, where an interim suppression order was granted without a notification being made to the media.
When an application to strengthen the interim order was made on March 6, the press attended court and opposed the continuation of the order.
There the court heard the suppression order, requested by the pair’s defence teams, would in effect gag the alleged victim in the matter from speaking to the press.
On Tuesday, the magistrate rejected an application to suppress the pair’s names, but approved the making of a broad suppression order related to other matters on safety grounds.
One threatening message posted online, she said, included the words “one bullet one kill”.
“Only positive reporting,” the magistrate said.
A third person has also since been arrested and charged over the alleged kidnapping. Their name remains suppressed from publication.
All are due to return to court in May.