May 17, 2022

Bail for 2009 Aust Day murder charged | Western magazine

One of four men charged in an Australia Day road rage shooting that left a father-of-two on the Gold Coast has been released on bail.

Haysam Hamdan, 43, has been charged with murder in the death of Omega Ruston in Burleigh Heads on January 26, 2009.

He was arrested in Sydney as he attempted to board a flight to Dubai carrying $25,000 in cash.

His bail application in Brisbane Supreme Court came after three other men appeared in a Queensland court over Mr Ruston’s death.

Hamdan and his co-defendants Tony Elbayeh, 39, and Paul Younan, 37, face charges of murder and multiple counts of perjury.

Former bike enforcer Brent Luke Simpson, 45, also faces charges of aiding and abetting, attempted bribery of a witness and perjury.

The Australia Day Shooting involved two cars traveling south on the Gold Coast Highway – one containing Mr Ruston and two friends, the Supreme Court heard on Tuesday.

The second contained the three men charged with murder with Elbayeh driving, Younan in the back seat and Hamdan in the front passenger seat.

The two cars were involved in a “road rage incident”.

“The occupants of each vehicle were involved in an exchange of curses and hand gestures,” Judge Peter Davis said.

Mr Ruston’s vehicle pulled to a side, with Elbayeh also coming to a stop before coming to a stop.

Witnesses told police Younan was armed with a handgun and fired two shots, hitting Mr Ruston and causing fatal injuries.

“It puts the plaintiff on the scene, but little or nothing else,” Judge Davis said.

“There is no evidence that the plaintiff did anything that caused or contributed to Mr. Ruston’s death.

“The plaintiff appears to have been a passive passenger in the car.

“The murder occurred approximately 13 years ago, and the case against the murder plaintiff is not strong.”

Judge Davis granted Hamdan bail to live with his sister in NSW after posting $900,000 bond.

Hamdan must surrender his passport, observe strict conditions, including a curfew, and report to the police daily.

Australian Associated Press