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AAP
AAP
National
Robyn Wuth

Bail for 2009 Aust Day murder accused

A man charged with murdering Omega Ruston on Australia Day 2009 has been bailed. (AAP)

One of four men charged over an Australia Day road rage shooting that left a Gold Coast father of two dead has been granted bail.

Haysam Hamdan, 43, was charged with murder over the death of Omega Ruston at Burleigh Heads on January 26, 2009.

He was arrested in Sydney while allegedly attempting to board a flight to Dubai carrying $25,000 cash.

His bail application in the Brisbane Supreme Court came after three other men faced court in Queensland over Mr Ruston's death.

Hamdan and co-accused Tony Elbayeh, 39, and Paul Younan, 37, face charges including murder and numerous counts of perjury.

Former bikie enforcer Brent Luke Simpson, 45, also faces charges of being an accessory, attempting to corrupt a witness and perjury.

The Australia Day Shooting involved two cars travelling south on the Gold Coast Highway - one containing Mr Ruston and two friends, the Supreme Court was told on Tuesday.

The second contained the three men accused of murder with Elbayeh driving, Younan in the back seat and Hamdan in the front passenger seat.

The two cars were involved in a "road rage incident".

"The occupants of each vehicle became involved in an expletive and hand gesture exchange," Justice Peter Davis said.

Mr Ruston's vehicle pulled to the side, with Elbayeh also stopping before pulling alongside.

Witnesses told police that Younan was armed with a handgun and fired two shots, hitting Mr Ruston and causing fatal injuries.

"This puts the applicant at the scene, but little if anything else," Justice Davis said.

"There is no evidence that the applicant did anything which caused or contributed to Mr Ruston's death.

"The applicant appears to have been a passive passenger in the car.

"The murder occurred some 13 years ago, and the case against the applicant for murder is not strong."

Justice Davis granted Hamdan bail to live with his sister in NSW after she posted a $900,000 surety.

Hamdan must surrender his passport, comply with strict conditions including a curfew and report daily to police.

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