Hedi Ayoub Murder Case Essay In NSW Supreme Court.

Case Description

Discuss About The Court Proceeding Of The Particular Murder Case?

The report is focussed on the murder trial of the case Hedi Ayoub that is proceeding at New South Wales Supreme Court (FLSW 2014). The report is based on the court proceeding of the particular murder case and throws light on the various aspects of the court proceeding. There are certain things that I have come across through the court case and certain practical things have also came to my knowledge (Goodall 2015). There was a presiding judge in the courtroom. There was one lawyer for the Crown and one opposition lawyer, who was pleading on behalf of the accused El Chami and Omar Rajab. The case was first bought into the light in the year 2015. The place of occurrence regarding the murder was Sydney. It was later transferred to the NSW Supreme Court. Through this case, the proceeding regarding the murder trial have been known invariably.

The murder case of Hedi Ayoub is proceeding before the New South Wales Supreme Court with the assistance of Justice David Davies and Elizabeth Fullerton as its Presiding Officers. I attended the court on 22^nd July 2017. There were one Crown lawyer, who was proceeding on behalf of the States and one opposition lawyer who was pleaded on behalf of the accused. The name of the Crown lawyer is Sharon Willis and the name of the opposition lawyer was Greg James QC.

This is a case of gang murder where Hedi Ayoub, a body builder from the continent of Sydney was the victim and Omar Rajab, Mohammad El Chemi, Ebrahim Allouche and Bilal Allouche were the offenders (Sergi 2017). The incident took place at an amusement park at Sydney. It was stated by the eye witness of the murder case that Omar Rajab was shot down Hedi Ayoub and the others were assisted Omar in the murder. It was stated by the accused that the victim was known to be an extortionist who extort money from the others. However, the friends and family of the victim told to the police that he was a bodybuilder and a business personnel and always tried to keep a safe distance from the bad people.

The intention of the offenders was very clear. They had information that Ayoub had money with him and with an intention to grab the same, they had chalked a plan to kill him and snatch the money (Quilter et al. 2015). They had chased Ayoub in the day light on 29^th June 2015 and at first shot at leg of the victim. When he tried to hide him behind a tree, one of the accused Omar Rajab mercilessly shot at his neck and killed him at an amusement park at Sydney.

Statements of the advocates

It was confessed by the accused that Hedi Ayoub was a violent money lender who used to collect money from the men and in case of non-payment, he shot them or beat them brutally. It was also stated by the offenders that two days before the murder, the victim was extort money from a friend of the prime accused, Omar Rajab and shot a several gun fire outside his house. There was a brawl made in between the victim and some of the friends of the accused and after two days, he was murdered and it was presumed that he was victimised for revenge.

According to the eye witnesses of the case, some passerby were heard a shout where some boys screamed that “Omar, do not do it”. Then there was a sound of gunshot. It was stated by the Crown’s Advocate that Omar is from the criminal family and his father was accused of threatening one man to behead him for some religious purpose. It was also contended by the Crown’s Advocate that Omar used to treat the common people badly and there were numerous cases of extortion pending against him.

It was stated by the prime accused of the case, Omar Rajab that Hedi Ayoub was involved with the Hawcher family. This family is well known for its criminal passion and they were guilty of several offences. During the investigation process, it was stated by El Chami, co-accused that Ayoub was a debt collector who did not even care for the life of the people and snatch money from them by beating them up badly (Loke 2013). It was stated by the offenders that it was the victim who arranged the meeting on 29^th June at the park where the murder was occurred. One day before the murder, Ayoub called him and told that if Omar somehow did not make the meeting, he will come to the house of Omar and beat his family badly. On that day, Omar shot at the leg of Ayoub with an intention to warn him so that he kept a safe distance from his family. However, asoon after the shot, Ayoub abused Omar and with the outrage, Omar shot gunfire at his neck and consequently, Ayoub was succumbed to death.

All the offenders of the murder were alleged to wear a black mask on their face to hide their identity and other three offenders who were joined into the murder were prayed for bail as there were no evidence that can prove that they conjointly killed Hedi Ayoub.

Alleged Sections

The Crimes Act 1900 and Criminal Code Act 1995 govern the criminal law at New South Wales. There are certain other statutes that are applied in the criminal legislation of NSW such as the Summary Offences Act 1988. Prosecution in case of the criminal cases in NSW is particularly regularised by the Law Enforcement Act 2002. In this case, Omar Rajab was convicted under several sections of the Crimes Act 19000. He was convicted under section 12 for murder, section 21 for wounding, section 23 for inflicting bodily harm, section 27 for acts that endanger the life of others, section 35A for committing an affray. Others co-offenders were held liable for conjoin into the murder case and on the last occasion, Supreme Court justice David Davies granted their application for bail.

There are certain personnel in the courtroom who are present in the courtroom and adjudge the case for the interest of justice. There are some common people in the courtroom that I had observed that day were the Judge or the presiding Officer of the court. There were the lawyers who were pleading on behalf of the crown and on behalf of the offenders, the accused parties and the families of the victim. There were certain eyewitnesses and some officers from the forensic department, the courtroom deputy, and certain police personnel and one courtroom deputy and Court reporter. The role of the every person is vital from his or her perspectives. There were two presiding officers at the courtroom, who were presided over the case by using their wide judicial power and knowledge and successes to keep a serious atmosphere in the courtroom. The lawyers on behalf of the Crown had given many legal provisions and legal precedents to make the base of the case strong. On the other hand, the defence lawyer encountered the allegation by stating his views over the issue and by cross-examined the witnesses from various aspects (Kaplan, Weisberg and Binder 2014). He examined the evidences that are obtained by the police regarding the case, and tried to his level best to prove that his parties are not liable for the alleged offence and tried to make an opportunity to scot them free. There were certain police personnel including the investigating officer who are investigating the case. Important evidences are obtained from the officers of the forensic department regarding the case and courtroom deputies were assisted the court with every possible aspects. The judges were using their jurisprudential mind to cope with the matter to come into a fruitful conclusion.

I am gaining certain criminal theories during the study of the law and there were certain similarities found regarding the case law held at the courtroom. There are certain differences found regarding the practical lesson and the theoretical approaches. I have been came through the process of brief down the facts of the case, how to examine the witnesses, how to point out every possible aspects of the case, what is the atmosphere of the case and about the decision making power of the presiding officers.

Conclusion:

Therefore, from the above named discussion, it can be concluded that the murder trial of Hedi Ayoub was quite learning worthy chapter in my life and I have gained a lot from the murder trial. I have come across the facts that how a court is being composed of and what are the functions of the sitting officers of the court? The particulars of each member of the courtroom and the various legal provisions that are imposed on the convicts are also came to my knowledge

References

Cox, J., Clark, J.C., Edens, J.F., Smith, S.T. and Magyar, M.S., 2013. Jury panel member perceptions of interpersonal?affective traits of psychopathy predict support for execution in a capital murder trial simulation. Behavioral sciences & the law, 31(4), pp.411-428.

FLSW, B., 2014. Harold William Thimbleby.

Goodall, H., 2015. Contract gangs: race, gender and vulnerability. Cosmopolitan Civil Societies: An Interdisciplinary Journal, 7(3), pp.23-36.

Goodman-Delahunty, J., Brewer, N., Clough, J., Horan, J., Ogloff, J.R., Tait, D. and Pratley, J., 2014. Practices, policies and procedures that influence juror satisfaction in Australia.

Kaplan, J., Weisberg, R. and Binder, G., 2014. Criminal law: Cases and materials. Wolters Kluwer Law & Business.

Loke, J., 2013. Readers' debate a local murder trial:“Race” in the online public sphere. Communication, Culture & Critique, 6(1), pp.179-200.

Quilter, J., Seear, K., McNamara, L. and Room, R., 2015. Criminal law: New national study examines intoxication in criminal law. LSJ: Law Society of NSW Journal, (15), p.76.

Sergi, A., 2017. Case Study 3: Australia and the Visibility Model. In From Mafia to Organised Crime (pp. 141-176). Palgrave Macmillan, Cham.