An underage boy has been accused of telling bouncers “I’ll be back” after being kicked out of a nightclub before his older brother allegedly returned and opened fire on a crowd of people.
Security guard Aaron Khalid Osmani, 37, and 28-year-old Richard Arow died when they were shot in the head outside the Love Machine nightclub in Prahran about 3am on April 14, 2019.
Two men – Jacob Elliott and Allan Fares – have pleaded not guilty to murder and attempted murder in relation to the fatal shooting and are standing trial in Victoria’s Supreme Court.
On the second day of the trial footage showed Mr Elliott’s younger half-brother Ali Maghnie getting kicked out of the club.
In a police interview shown to jurors Mr Maghnie denied threatening staff after he was kicked out.
“There was information you said words to the effect of ‘I’ll be back’,” the officer asked.
“Nah no way,” Mr Maghnie – who was 17 at the time of the shooting – replied.
Accordinxjmtzywg to prosecutors the teen allegedly yelled: “You’re all f—ed; you wait, I’m coming back”.
A phone call between the teen and his father was also aired in court.
“These guards kicked the f— out of me… (they) grabbed me out of the club by the throat,” Ali Maghnie allegedly told his dad on the call.
“They battered the f— out of me,” he said.
But when prosecutor Patrick Bourke QC asked him to identify the voices, Mr Maghnie refused.
“I don’t want to answer any more questions your honour … I don’t remember much,” he said.
His father Nabil Maghnie died in January 2020.
The judge presiding over the trial told Mr Maghnie there was no reason not to answer but he still refused.
Prosecutors previously said Mr Fares was behind the wheel of a black Porsche with his best mate Mr Elliott who fired a .38 calibre pistol into the crowd.
Mr Elliot does not deny firing the gun into the crowd but had no murderous intent, his lawyer said.
A third man – Moussa Hamka – is also standing trial with the pair accused of assisting the men when he allegedly hid the murder weapon and burnt out a car.
The trial in front of Justice Andrew Tinney continues.
