R v Ayoub

Judgment

1. The applicant is charged with a number of offences arising out of the killing of Brayden Dillon who was shot and killed at his residence in Glenfield while he slept in his bed on 14 April 2017. A single male offender forced entry to the residence by kicking in the front door and a number of internal doors. The killing is alleged to be in retribution for the murder of Adam Abu-Mahmoud. Police ultimately arrested Conrad Craig and charged him with the murder of Brayden Dillon. It was alleged that Craig received payment from other persons for carrying out the murder.
2. The applicant is alleged to have been involved in the preparation of a false affidavit by Craig which absolved a number of persons from involvement in the murder. The applicant was also required to appear before the New South Wales Crime Commission to answer questions about the matter. A number of the charges brought against him allege false evidence being given to the Crime Commission and a refusal to answer questions at the Crime Commission. He is also charged with being an accessory after the fact to murder, knowingly participating in a criminal group, and doing an act with intent to pervert the course of justice.
3. On 7 August 2019 the applicant was granted bail by Wright J on a number of conditions including the following: To report to: Bankstown Police Station, twice daily between 05:00 PM and 09:00 PM between 06:30 AM and 10:30 AM on Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday. … To live at: 25 MARKET Street CONDELL PARK NSW 2200 with his mother, Sahar Ayoub, and his father, Samer Ayoub, and at no other address. Not to be absent from these premises between the hours of 10:00 PM and 06:00 AM unless in the company of Sahar or Samer Ayoub. The applicant is not to leave the address at which he is required to live at any time, unless in the company of Sahar or Samer Ayoub. … The applicant is to have fitted, within 24 hours of being released or such longer time as the Officer in Charge agrees, and wear at all times thereafter while on bail a GPS electronic monitoring device (provided and supervised by Attenti Australia Pty Ltd) and: (a) follow all directions of Attenti Australia Pty Ltd in relation to the electronic monitoring; and (b) not do or cause to be done anything that would affect the proper operation of the device. … * Zena Hoblos is to deposit acceptable security (being the property located at 217 Cooper Road, Yagoona, New South Wales) as security for the payment of $300,000.00 which she agrees to forfeit if the applicant fails to appear before court in accordance with the bail acknowledgment [Condition (f) below]. * Rami Ayoub is to deposit acceptable security (being the property located at 35A Invercauld Road, Goonellebah, New South Wales) as security for the payment of $1,000,000.00 which he agrees to forfeit if the applicant fails to appear before court in accordance with the bail acknowledgment [Condition (f) below]. * Jihad Ayoub is to deposit acceptable security (being the property located at D18/101 Rockwood Road, Yagoona, New South Wales) as security for the payment of $800,000.00 which he agrees to forfeit if the applicant fails to appear before court in accordance with the bail acknowledgment [Condition (f) below]. * Sahar Ayoub agrees to forfeit the sum of $20,000.00 that he (sic) previously deposited in relation to bail in respect of charge H68071661 if the applicant fails to appear before court in accordance with the present bail acknowledgment [Condition (d) below]. The conditions above identified by an asterisk (*) are pre-release requirements for the purposes of s 29 of the Bail Act 2013. They must be complied with before the applicant is released on bail. (d) that 1 acceptable person(s) enter into a bail security agreement or agreement(s) to forfeit the sum of $20000.00 In Total if the accused fails to comply with the bail acknowledgement. Acceptable person determination: * Sahar Ayoub agrees to forfeit the sum of $20,000.00 that he (sic) previously deposited in relation to bail in respect of charge H68071661 if the applicant fails to appear before court in accordance with the present bail acknowledgment (f) that 3 acceptable person(s) enter into a bail security agreement or agreements, and deposit acceptable security, to forfeit the sum of $2100000.00 In Total if the accused fails to comply with the bail acknowledgement. Acceptable person determination: * Zena Hoblos is to deposit acceptable security (being the property located at 217 Cooper Road, Yagoona, New South Wales) as security for the payment of $300,000.00 which she agrees to forfeit if the applicant fails to appear before court in accordance with the bail acknowledgment. * Sustainable Rubber Technologies (SRT) Pty Ltd is to deposit acceptable security (being the property located at 35A Invercauld Road, Goonellebah, New South Wales) as security for the payment of $1,000,000.00 which it agrees to forfeit if the applicant fails to appear before court in accordance with the bail acknowledgment. * Jihad Ayoub is to deposit acceptable security (being the property located at D18/101 Rockwood Road, Yagoona, New South Wales) as security for the payment of $800,000.00 which he agrees to forfeit if the applicant fails to appear before court in accordance with the bail acknowledgment.