Melbourne Pavilion shooting: Abdullah El Nasher, Osamma Allouche stand trial over Ben Togiai murder

Publish date: 2024-06-02

A man made a “cut throat” gesture towards a table of men before a fatal shooting outside a packed boxing event in Melbourne, a court has been told.

Abdullah El Nasher and Osamma Allouche are standing trial in the Supreme Court for the alleged murder of Benjamin Togiai that prosecutors said occurred outside the Big Time Boxing event held at the Melbourne Pavilion, Kensington, on March 1, 2019.

Mr El Nasher, 32, and Mr Allouche, 28, are also charged with attempted murder over the shooting of Omar Bchinnati in the same incident or the charge of intentionally causing serious injury in the alternative.

Both men have pleaded not guilty to the charges.

In her opening address before the jury on Wednesday, Crown prosecutor Sarah Thomas said Mr El Nasher and Mr Allouche had hatched a plan to fire shots at members of a nearby table inside the pavilion with whom there had been “tension.”

Ms Thomas told the jury that during the course of the evening, Mr El Nasher turned off his mobile phone or placed it in aeroplane mode before texting his friend Mr Allouche and telling him to “bring my little friend”, which she said referred to a handgun.

Ms Thomas said witnesses observed “tensions” and “several purple arguments” between a table with Mr Togiai and Mr Bchinnati and a nearby table with Mr El Nasher, his brothers, another friend and Mr Allouche prior to the shooting.

During one of these arguments, she said, one man who the prosecution said was Mr El Nasher made a “cut throat” gesture to the other table.

She said just before 10pm both tables were escorted from the venue, shortly after which it is alleged Mr El Nasher fired seven shots and Mr Allouche one.

Ms Thomas said Mr Togiai, who she said was a 33-year-old forklift driver, was hit in the chest by one of the shots and died at the scene.

She said Mr Bchinnati “tried to get away” from the shooting but was shot in his upper left thigh and had a .25 calibre bullet removed that night as he underwent emergency surgery at The Alfred hospital.

Earlier on Wednesday, Justice Christopher Beale told the jury the prosecution’s case was that Mr El Nasher was the “principal offender,” with Mr Allouche involved or complicit in the offending.

The trial continues.

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