A man allegedly murdered in a violent road rage attack armed himself with a samurai sword during a heated argument earlier that day, a defence lawyer has claimed in court.
Explosive claims about the behaviour of Omega Ruston before his death were aired at Brisbane Supreme Court as Paul Younan – one of the men accused of murdering the Gold Coast father more than 13 years ago – applied for bail.
Mr Ruston, 32, died just south of the intersection with Fifth Ave at Burleigh Heads about 10.25pm on Australia Day 2009.
Police allege he was involved in a road rage altercation with a group of men in a small maroon four-door sedan and stopped his Holden Rodeo.
It is alleged he was fatally shot twice in the stomach as he and his passengers got out.
Mr Younan was one of four charged earlier this year after police made a breakthrough in their investigations into Mr Ruston’s death.
On Wednesday, Mr Younan’s defence barrister said accounts had been given of Mr Ruston having a heated exchange with another man at a park in Burleigh Heads earlier that day.
He told the court Mr Ruston was alleged to have taken umbrage at the man, who appeared to have assaulted a woman.
Mr Ruston – who had to be “physically restrained” during the incident – was reportedly still upset about it later that evening.
The courxjmtzywt was told his wife later noticed a decorative samurai sword was missing from their house when he was killed.
Mr Younan’s barrister said there was an inference that Mr Ruston was in such a state of aggression that he obtained a weapon, got into his car and headed back to Burleigh Heads to seek retribution against the man he had quarrelled with earlier.
“It’s significant because when one reads the police summary without that background, one gets the impression it was a spontaneous act of road rage event where there was equal aggression,” Mr Younan’s barrister said.
“The statements paint a different picture of that.”
Four men have been arrested over the cold case murder of Omega Ruston, whose body was found on the side of a highway, after he was shot dead, on Australia Day in 2009.
He said the crown’s case against his client was therefore not strong.
A crown prosecutor acting for the Director of Public Prosecutions responded to the claims by stating they were not linked to the actual shooting.
“It may go to an assessment of the deceased’s state of mind … but there’s no suggestion any of that was known to any of the occupants of the red car,” the prosecutor said.
Police opposed bail, with the prosecutor arguing Mr Younan had maintained contact with alleged “criminal associates”.
Mr Younan’s bail application was adjourned to a later date.
