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AAP
AAP
National
Karen Sweeney

Men admit Vic club shooting, deny murder

Two people were killed and three injured in the drive-by shooting outside Love Machine nightclub. (AAP)

Crowds scattered outside Melbourne's Love Machine nightclub as four shots were fired from a moving car in quick succession.

Security guard Aaron Osmani and club patron Richard Arow were shot in the head and fell to the ground outside the Little Chapel Street club just after 3am on April 14, 2019.

Another security guard, Semisi Tu'itufu, was struck in the shoulder. A single bullet went through club-goer Ukash Ahmed into Ali Shohani as they lined up.

There's no dispute Jacob Elliott fired the shots from a car driven by Allan Fares.

But both men have pleaded not guilty to the murder of Mr Osmani and Mr Arow, and the attempted murder of the other three shooting victims.

Elliott's barrister Julie Condon says his client admits firing the gun from the moving car, but says prosecutors cannot prove beyond reasonable doubt that he did so with murderous intent.

Prosecutor Patrick Bourke QC said both men were charged with murder on the basis they formed an agreement to kill.

Fares' barrister Campbell Thomson disputes there was an agreement between Fares and Elliott to fire the gun at people with an intention to kill or cause really serious injury.

"Allan Fares never intended anything like this would happen," he said.

It's alleged the events of that night were sparked by Elliott's younger half-brother Ali Maghnie being booted out of Love Machine for poor behaviour.

CCTV footage shows him being taken across the street and going to the ground, before getting back up again and shouting that security was "all f***ed, just wait, I'm coming back".

An unrelated listening device targeting his father Nabil Maghnie - who died in January 2020 - captured Ali Maghnie describing the security guards as kicking and battering him.

He then spoke to Elliott in a phone call lasting a minute.

Soon after, Elliott and Fares were both on the move toward suburban Wollert, where a dark coloured Porsche was parked for at least a couple of weeks, Mr Bourke said.

CCTV captured the Porsche driving past Love Machine when the shots were fired.

A jury of 15 was shown footage from outside the club when the shooting happened.

They saw Mr Osmani and Mr Arow fall to the ground and the crowd scatter as the gun went off.

Footage from around the corner picked up the noise of the four quick gunshots and showed the Porsche driving from the scene.

Ali Maghnie was there when his half-brother was arrested and was heard telling his mother: "It's my fault. I stuffed up."

A third man, Moussa Hamka, has been charged with assisting Elliott and Fares after the fact.

He's accused of concealing the gun, found in his bedroom, and setting a car on fire to cover evidence.

Mr Bourke said the fact the wrong car was torched - a similar Suzuki Swift was parked across the street from the one he allegedly intended to destroy - was beside the point.

Hamka has pleaded not guilty to two charges.

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