Attempted murder accused back in custody

Georgie Moore
·2-min read

A waterside brawl has landed a man charged with stomping on a Melbourne shooting victim's head back in custody.

Ali El Nasher allegedly tried to murder Joseph Abouchaya by stomping on his head after he was shot three times during a boxing match at Kensington's Melbourne Pavilion in March 2019.

El Nasher was granted bail in June, after Victoria's Court of Appeal labelled the attempted murder case against him "non-existent".

He faced Melbourne Magistrates Court on Tuesday, accused of breaching his bail curfew at the St Kilda Marina eight days prior.

He'd been assaulted during a night time fight at the marina while helping load a boat onto a trailer, Detective Brendan Humby said.

El Nasher isn't charged over the brawl itself, which a witness said involved "hammers and everything".

But police claimed El Nasher lied to them about how he was injured and made up a story about a car crash.

He faces fresh charges of breaching his bail curfew and twice failing to hand over the pin number for his phone.

According to Phil Dunn QC, El Nasher had been at the marina because the boat had broken down.

Authorities want the man's bail revoked so he remains behind bars.

It comes five months after three appeal judges agreed to release him from custody because of what they said was a weak prosecution case.

"A jury could not legitimately conclude that the appellant had a specific intention to kill Abouchaya," the bail decision read.

El Nasher is still charged with attempted murder, as well as recklessly and intentionally causing serious injury in circumstances of gross violence.

He's also accused of breaching separate bail conditions at the time of the shooting, affray, assault and conduct endangering life.

His older brother, Abdullah, is charged with murdering 30-year-old Ben Togiai at the match. He's also charged with attempted murder.

Prosecutors said there had been growing tensions between two different groups that night.

The elder El Nasher brother allegedly later said everyone at one table was off their face and carrying "pieces".

Another man, Osamma Allouche, is also charged with murder and attempted murder during the event.

A fourth, Mikhael Myko, is accused of attempted murder.

An application to revoke the younger El Nasher brother's bail is set to continue on Wednesday.