Young carpenter no ‘saint’ after alleged botched hit: court

A young carpenter and “pillar of the church” has made a desperate bid for release after allegedly bungling an attempted hit on Sydney night-life figure John Ibrahim.

Siaosi Maeakafa Tupoulah, 24, appeared before Sydney’s Supreme Court on Tuesday in a bid for release on bail as he faces multiple charges over the alleged failed hit.

Police allege Mr Tupoulahi aimed a Glock pistol at a woman driving her young child on July 25, having mistaken her black Range Rover SUV as belonging to Mr Ibrahim.

Driver and co-accused Youssef Zrayka, who failed in a bail bid last week, is alleged to have sped off before a brief pursuit which ended after the pair got stuck in traffic.

Both men were subsequently charged with conspiring to murder Mr Ibrahim, as well as firearm offences after police allegedly found the Glock and a revolver in the car.

In applying for release, Mr Tupoulah’s lawyer, Ben Barrack, argued he stood to spend two years in custody awaiting trial after indicating he intended to fight the charges.

He described the carpenter as being “entirely expendable” and if released would be of no use to whomever planned the alleged hit – with the planning “not attributable” to him.

Critically, Mr Barrack said the Crown would have to prove Mr Tupoulah had been on the busy Dover Heights street to kill Mr Ibrahim, and not to extort or rob him.

Justice Desmond Fagan said it would be open to the jury to make that decision, and in refusing Mr Tupoulah’s release described him as “a man who is extremely dangerous”.

“If he was there to shoot someone then as has been in the past, he could have shot the wrong person – or he could have shot the person he was trying to shoot,” he said.

Told no bullets were alleged to have been fired, he added: “(That is) very fortunate for people unwise enough to drive a motor vehicle in similar appearance to Mr Ibrahim’s”.

Justice Fagan pushed back against Mr Barrack who said the alleged incident was “amateur hour” and that Mr Tupoulah, in custody for the first time, was not a risk.

“He could be a pillar of the church. He could be a saint in every respect, but if he’s caught on a residential street with two lethal weapons, apparently positioning himself to kill somebody, that just suddenly goes out the window,” Judge Fagan said, adding that the pair being allegedly stopped in traffic was “a trap for young players” in crime.

Justice Fagan ultimately rejected the bail application despite a proposed house arrest, citing risk to the community and that the “Crown case was of very significant force”.

The Crown earlier played video in court of the alleged incident, showing the car allegedly carrying the pair stopping at a T-intersection with the Range Rover behind them.

The video allegedly captures, on the Crown case, Mr Tupoulah getting out of the vehicle, though Mr Barrack disputed whether it was clear he raised a firearm at the car.

In a second video, police are seen searching the car which allegedly carried the pair, in which they located a Glock loaded with three rounds and a fourth chambered.

A second pistol, a high-calibre revolver, was also located in the video and contained five rounds; two jerry cans allegedly containing accelerant were also inside the car.

Police allege co-accused, Youssef Zrayka, drove past Mr Ibrahim’s Dover Heights home before parking down the street shortly after 7am and laying in wait with his co-accused.

While watching the home, police allege the pair spotted a Range Rover matching the description of Mr Ibrahim’s, with Mr Zrayka pulling the car into the middle of the street. Mr Tupoulahi allegedly swung open the back door before realising the vehicle did not belong to their alleged target. A few minutes later, the pair again spotted a Range Rover.

Mr Zrayka pulled out into the road to block the black-coloured SUV, but again the pair targeted the wrong vehicle, police allege, and the driver contacted police minutes later.

The 21-year-old last week made his own bid for release, with his lawyer Ertunc Ozen SC stating police would have to prove his client had only planned to kill Mr Ibrahim.

“The facts show these two were not in the area for innocent purposes … but the body of evidence establishes no more than an offence, which could be one of many,” he said.

“The Crown will have to establish these two people were part of an established plan to commit a murder of Mr Ibrahim, not a carjacking or extortion, … or issuing a threat”.

Justice Mark Ierace dismissed the bail bid citing unacceptable risks, including that Mr Zrayka could endanger the community given his allegedly having a weapon in public.
Mr Zrayka and Mr Tuploulah were both charged with conspiracy to commit murder, as well as possession of a loaded firearm in public, and taking a car without consent.

The pair will be back in court next month when the brief of evidence is expected to be served.

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