R v Hamoui

Background. 7 Mr Hamoui was born in Lebanon on 20 April 1974. He came from a Muslim family. His mother and father separated and divorced soon after his birth. In accordance with local custom, he was given into the custody of his father. His father later remarried. The family then emigrated to Australia in approximately 1985. At that time, Mr Hamoui was about 11 years old. 8 In 1996, or thereabouts, Mr Hamoui met Julie Haklane. He was then aged 22 years. She was 19 years old. She came from a Lebanese Christian family. At first they got on well. Ms Haklane said "he treated me like a princess". However, that was to change. Ms Haklane fell pregnant. Her mother, but not her father, became aware of the pregnancy and the subsequent termination. No doubt the family also learned something of Mr Hamoui's background. In 1993, before meeting their daughter, he had committed a number of serious criminal offences for which he had served various gaol sentences. The Haklane family plainly disapproved of Julie's relationship with Mr Hamoui. They sought to bring it to an end by taking her to Lebanon for an extended period. 9 Upon returning to Australia, however, Julie Haklane re-established contact with Mr Hamoui. They resumed their relationship. Again she became pregnant. Again the pregnancy was terminated. Indeed, Ms Haklane became pregnant a number of times, terminating the pregnancy each time. She chose not to disclose these matters, or the detail of her relationship with Mr Hamoui, to her family. 10 By 1999, the relationship between Julie Haklane and Mr Hamoui had changed. Mr Hamoui was a competitive kick boxer. On 3 July 1999, Ms Haklane went to the police. She complained that Mr Hamoui had kicked her in the thigh. She had severe bruising to her right thigh. However, she did not wish to press charges. She simply wanted the police to speak to Mr Hamoui, which they did. 11 By the end of 2000, Julie Haklane had broken off her relationship with Mr Hamoui a number of times. She had formed new relationships with other men, which were usually short lived. She even began working as a prostitute or sex worker at various massage parlours in the western suburbs. However, at the same time she continued an intimate relationship with Mr Hamoui. 12 In November 2000, Julie Haklane met Mr Allen Yousif. Mr Yousif met with the approval of her family. However, at the same time as she was seeing Mr Yousif, Julie Haklane was speaking to Mr Hamoui and occasionally seeing him. Mr Hamoui, meanwhile, became increasingly disturbed about her new relationship. 13 On 4 January 2001, Ms Haklane and Mr Hamoui had an argument. Fearing violence, Ms Haklane phoned her mother, so that she would hear their conversation. Her mother then asked her father to go to Mr Hamoui's home in order to sort the matter out. He did so. By the time he got there Julie Haklane had left. There was, nonetheless, a confrontation between Julie Haklane's father and Mr Hamoui, where it was said that threats were made. Mr Hamoui's father was also present. 14 Soon after that confrontation, Mr Hamoui complained to the police that someone had shot at his car. He showed the police the bullet hole through the windscreen of the car. He told the police of a further incident when he was in his car outside Julie Haklane's home. He said that he was threatened by Mr Allen Yousif, who placed a gun in his mouth and warned him to have nothing further to do with Julie Haklane. Mr Yousif denied that allegation. 15 As a consequence of these events, Mr Hamoui, on his own account, became increasingly disturbed. On Monday 21 January 2001, five months before Julie Haklane's death, Ms Haklane went to the police in the early hours of that morning. She made a complaint against Mr Hamoui. She alleged that he had abducted her at gunpoint as she was driving her car. In the course of the abduction, he had threatened to shoot her and to shoot himself. A detailed statement was taken from her by the police, which she signed. 16 The police then obtained a warrant to search the home of Mr Hamoui. A gun was found conforming to the description provided by Ms Haklane. Mr Hamoui was charged, both with the abduction and with the possession of an unauthorised firearm. 17 However, four days later, Ms Haklane again went to the police. She said she wished to alter her statement. She insisted that Mr Hamoui had not threatened her. Rather, he had threatened to kill himself, such was his despair at their separation. She claimed that she had gone to the police to obtain help for him, not intending that he be charged. 18 The charge of abduction was later withdrawn and dismissed. The charge of being in possession of an unauthorised firearm remained. Mr Hamoui was given bail in respect of that charge. 19 By the end of February 2001, the relationship between Julie Haklane and Mr Allen Yousif had come to an end. Ms Haklane and Mr Hamoui resumed their relationship more or less, although in secret. 20 However, in May 2001, Ms Haklane met another man, Mr Raymond Bayeh, at a family wedding. Mr Bayeh came from a Christian family well known to her family. She began seeing Mr Bayeh, encouraged by her family. Soon they formed a relationship which was intimate. At the same time, however, Ms Haklane continued to communicate with and occasionally see Mr Hamoui. Her relationship with Mr Hamoui remained intimate. 21 Mr Hamoui was, understandably, not happy about Julie Haklane's new relationship. He confronted her on 9 June 2001, two weeks before her death. The following day Ms Haklane attended the local police station with a friend. She alleged that she had been assaulted by Mr Hamoui and her phone stolen. Although Mr Hamoui denied these allegations, I have no doubt that he did assault Ms Haklane. Ms Haklane made it clear, however, that she did not wish to press charges. She simply asked the police to retrieve her telephone. 22 Notwithstanding the assault, Julie Haklane again began communicating with Mr Hamoui within a matter of days. She continued to see him. At the same time she continued to see Mr Bayeh. On Saturday 23 June 2001, Mr Hamoui followed Ms Haklane's car. She had told him that she would be babysitting. He plainly doubted her assurance, believing that she would be seeing the other man. A confrontation took place involving Ms Haklane's sister, Naha Erdem. Ms Haklane's continuing relationship with Mr Hamoui was clearly a source of frustration and irritation to the family who wanted her to have nothing to do with him. An argument ensued between Julie Haklane and her sister. 23 After the argument, and notwithstanding the pressure of the family, Julie Haklane again communicated with Mr Hamoui. She made arrangements to see him for lunch on Monday 25 June 2001, the day that she disappeared.