Tuesday 4 October 2011

Victorian man found not guilty of murder

Ahmed Hablas spent more than a year in prison awaiting trial after confessing he’d killed Mohammed Haddara in self-defence.


But a Supreme Court jury has taken little more than two hours to find him not guilty of the June 2009 murder.


Mohammed Haddara was shot five times in the back in an Altona street.


Mr Hablas, 23, was not even a suspect when he went to police the next day, claiming he shot Haddara in a struggle after escaping from a car in which he was being held captive.


But he later recanted his confession.


His lawyers unsuccessfully tried to have the confession thrown out before the trial began.


Prosecutors admitted they had little else to prove he was guilty of murder but the confession.


But Justice Betty King ruled the confession could stay in evidence and the jury should decide whether it was true or not.


Mr Hablas smiled, nodded to the jury and wiped away tears as the verdict was delivered this afternoon.


On Tuesday, after deliberating for about three hours, a jury agreed Mr Hablas was not guilty and acquitted him of murder.


Mr Hablas smiled and mouthed the words "thank you" in the direction of the jury after the verdict was delivered.


He then appeared reluctant to leave the court dock and had to be encouraged by Justice Betty King.


Mr Hablas was still smiling as he left the court building about 15 minutes later.


As he walked out the court door surrounded by his family and lawyers, Mr Hablas looked skyward, before getting into a waiting car.


His lawyer Rob Stary told waiting reporters neither he nor Mr Hablas would be making any comment.


A family spokesman said outside court they planned to celebrate the verdict.


"The family, it is the best day of their lives ... We thank Allah, we thank God that he is an innocent person," the spokesman said.


The day after the shooting Mr Hablas met with his solicitor and drew up a statement confessing to shooting Mr Haddara.


During the trial, the jury heard that months after the June 2009 shooting, Mr Hablas told two undercover police while in custody that Mr Haddara had pulled a gun on him, and that he had taken it from him and shot him in self defence.


Mr Hablas said he had earlier been forced into Mr Haddara's car at his house.


He claimed Mr Haddara assaulted him and told him: "I'm taking you to my garage. I'm going to kill you."

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