Event and Time
Event Description
On 20 June 2009, at approximately 7:50 pm, Mohammed Haddara was shot five times outside 85 Fifth Avenue, Altona North, resulting in his death. The applicant, Ali Chaouk, was later tried for Haddara’s murder, which hinged on whether he was at the scene at the time of the shooting.
Application and Claims
- The prosecution claimed that Chaouk arrived at the scene shortly before the shooting, shot Haddara multiple times, and then disposed of the firearm and his clothes afterward.
- Chaouk's defense was based on an alibi supported by his wife and mother-in-law, asserting that he was at home having dinner and did not leave until 9:00 pm, long after the shooting occurred.
Judicial Decisions
The jury found Chaouk guilty of murder on 11 December 2018. Chaouk subsequently sought leave to appeal on the grounds of a miscarriage of justice due to the trial judge not instructing the jury on how to handle the rejection of the alibi evidence.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Arguments:
- Established motives and animosity between Chaouk and Haddara. - Evidence and telephone records indicated that Chaouk was in direct contact with Hablas, a pivotal witness who was present in a car with Haddara before the shooting. - Witness testimonies described the act of the shooting and subsequent actions of Chaouk (such as showering and disposing of evidence).
- Defense Arguments:
- Chaouk’s defense was wholly reliant on the alibi provided by his wife and mother-in-law. - The defense argued that witnesses' testimonies contradicted the prosecution's claims, asserting that the prosecution failed to prove beyond reasonable doubt that Chaouk was the shooter. - The defense contended that the trial judge's failure to direct the jury on the use of rejected alibi evidence constituted grounds for appeal.