The son of a truck driver who was killed by a stray bullet as he drove past a gunfight in western Sydney says the family is struggling with a jury’s decision to clear the three accused of murder.
Adel Elkobaili, 21, Mahmoud Mariam, 28, and a juvenile who cannot be named for legal reasons, were found not guilty of the murder of Bob Knight by a Supreme Court jury in Sydney on Monday.
However, Mariam was found guilty of the lesser charge of manslaughter and affray, while the juvenile was found guilty of affray and setting a van on fire.
Mr Elkobaili was cleared of all charges against him, including murder, manslaughter and affray.
During the three-month trial, the court heard the three accused were allegedly involved in a gunfight at a KFC car park on June 25, 2009.
Several shots were fired and a stray bullet travelled 120 metres, hitting Mr Knight, 66, as he drove along Milperra Road at Bankstown.
Hours before the gunfight, the juvenile punched another young man at a suburban shopping centre.
This resulted in five men in the Mariam group and six, including the juvenile and Mr Elkobaili, in the other group going to the car park, where a pistol and a rifle were fired.
The Crown alleged that while Mariam fired the fatal shot, all three accused were part of a joint criminal enterprise with the objective of inflicting grievous bodily harm.
As a result, it did not matter whether the death was the death of an intended victim or the death of some other person, the jury was told.
Bob Knight’s son, David Knight, told Fairfax Radio he and his sister, who travelled from Canberra every day to sit through the trial, were shocked at the result.
“We’re a little bit shocked, trying to understand how this person is at home right now,” Mr Knight said of Mr Elkobaili.
“They’re probably having sandwiches, drinking beer, I don’t know. I don’t understand it at all.
“I can understand they did not mean to kill my father, I can understand that. But I’m struggling to understand how the jury believe a man who pulled a gun out is crying self-defence and they let him off.”
Mr Knight said the three accused knew what they were doing when they got into the gunfight and he condemned the cheers he said broke out in the courtroom when the verdicts were handed down.
“This won’t be the last person to get shot in Sydney,” he said.
Mr Knight said his mother was also shocked at the result, but relieved the long trial was over.
“We just want to get on with our lives,” he said.
Mariam and the juvenile will be sentenced at a later date.
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