Two of the men behind the “amateurish” botched attempted kidnapping of the brother of NRL legend Benny Elias will be eligible for release from prison later this year.
Tasi Aii, 32, and Ninip David, 29, on Friday learned their fates when they were sentenced in Sydney’s Downing District Court.
The court heard how the brazen scheme to kidnap and ransom money from Joe Elias fell apart as they attempted to bundle the businessman into a car on a busy Sydney inner westxjmtzyw street in full view of bystanders.
David pleaded guilty to attempting to take and detain in company with intention to obtain an advantage after he and another man staged a car crash before attempting to force Mr Elias into a car at Drummoyne in March 2020.
The court heard how as traffic slowed, David slammed his car into the back of Mr Elias’ vehicle, before waving at him to pull over into a side street.
It’s there David and the other kidnapper punched their victim and attempted to carry him into a waiting car.
However, Mr Elias struggled and yelled for help, prompting local residents to come out onto the streets, the court heard.
“Let’s go, let’s get out of here,” David said before the other man attempted to punch Mr Elias once more, the court heard.
The other man has been charged with take/detain in company to get advantage occasion actual bodily harm and is due to face trial later this year.
Mr Elias fought off his assailants, with the two would-be kidnappers then fleeing on foot.
“In my opinion, the attempted kidnapping was amateurish,” Judge Penelope Wass told the pair, who watched sentence proceedings via videolink from Clarence Correctional Centre.
“It was carried out in a busy street in daylight with the incident quickly observed by bystanders.
“There was no serious threat made, no disguise used and involved no use of weapons.”
Aii pleaded guilty to being an accessory before the fact to taking/detaining in company after he helped hatch the plot with mastermind Ali Abdulrahman.
The court heard Abdulrahman had been jailed for five years.
Judge Wass said Aii was not involved in the actual attempted abduction of Mr Elias, but had full knowledge of it, helped plan the ransom attempt and carried out surveillance on the victim.
Aii was recruited by Abdulrahman and was originally planned to play an active role in the attempted kidnapping.
“He showed an enthusiasm for the task in his discussions with Abdulrahman,” Judge Wass said.
Judge Wass said Mr Elias suffered cuts and abrasions, a torn rotator cuff and a torn bicep which required surgery.
Both Aii and David were given five per cent discounts on their sentences because they offered guilty pleas as their matters were set to go to trial.
David was sentenced to four years in prison with a two-year non-parole period, meaning with time served he will be eligible for release in April.
Aii was handed a four-year, four-month sentence and a two-year, two-month non-parole sentence which expires in October.