Tradie’s death unsolved as man walks free

Adrian Pacione’s untimely death at the young age of 20 has remained unsolved as the last of four men charged over a “retribution” plot walked free from the Victorian Supreme Court.

Mr Pacione was watching Gran Torino at a friend’s Lalor home on the night of July 18, 2020, when four shots were fired through the front window in Melbourne’s northern suburbs.

One bullet struck the young tradie in the head and he died in hospital two days later.

On Thursday, Adam Tiba, 25, left court a free man after he was sentenced to 435 days time-served and placed on a year-long community corrections order for pleading guilty to a single charge of aggravated burglary.

He, alongside Abdullah Hammoud, 25, and Tahmid Rahman, 22, had initially been charged with murder but this was dropped after a court found police could not prove who fired the fatal shot or if the other two knew the shooter was packing a semi-automatic handgun.

The court was told Tiba, Hammoud, Rahman and a fourth man who was not present, Ammair Fahal, 23, had devised a plan to assault at least one of the home’s occupants in “retribution” for a incident a month earlier.

Tiba and Hammoud had met two men at Roxburgh Park on June 23, and, in a drug deal gone wrong, both had been stabbed after a fight broke out.

On the night on July 18, Tiba, Hammoud and Raham arrived at the Lalor home where one man tried, but failed, to gain entry.

Four shots then rang out and the trio fled the scene.

“Although the death of Mr Pacione was a direct consequence of the illegal trespassing on the premises… I do not sentence you on the basis that you either knew about the presence of the firearm or that you were, in any way, complicit in its discharge,” Justice John Dixon said.

“It might have been you but I cannot and do not proceed on that basis.”

Instead Tiba was sentenced for the “carefully planned and executed” plot to assault the home although the prosecution could not say what role he played.

“You were present and intended to be part of the assault,” the judge said.

Justice Dixon said he had to consider Mr Pacione’s death “a different crime for which the offender has not been identified”.

Earlier this week, Justice Dixon ruled members of Mr Pacione’s family could not read victim impact statements to the court after it was opposed by Tiba.

His sister, Emily, told the Herald Sun the decision was “devastating” for her family.

Justice Dixon said Tiba has spent much of the last three years on strict bail conditions in the community and had demonstrated “outstanding” efforts to rehabilitate himself.

He was now working full time and had decided to turn his life around after reconnecting with his Islamic faith, the court was told.

Hammoud was jailed for three years after pleading guilty to aggravated burglary and attempted armed robbery — relating to the June 23 incident.

Rahman was sentenced to 212 days time served and placed on a 12-month corrections order, while Fahal was jailed for six months and served a 12-month order.

Tiba declined to comment as he left court, instead appearing to place a call on his phone.