Seven men who were convicted of murdering an innocent man caught up in a violent feud between the Hells Angels and Finks motorcycle gangs will now face a retrial, after the Supreme Court overturned their convictions on appeal.
Jason De Ieso was fatally shot in November 2012 when a group of men approached his crash repair workshop in Pooraka, in Adelaide’s north, and opened fire at close range. The court heard that Mr De Ieso was an innocent bystander, killed during an escalating conflict between the two rival gangs.
Following a five-month trial in 2023, the jury deliberated for over 30 hours before finding seven men guilty: brothers Husain Alzuain (37), Mohamed Alzuain (33), Musa Ali Alzuain (32), along with Daniel Mark Jalleh (36), Ross William Montgomery (40), Kyle Lloyd Pryde (36), and Nicholas Sianis (38). An eighth man’s case resulted in a hung jury, and a ninth alleged participant had died before trial.
All seven convicted men were sentenced to life in prison. Musa Alzuain, alleged to have fired the fatal shot, and his brother Husain were given non-parole periods of 35 years; the others received 30-year non-parole periods.
Each man appealed their conviction, seeking either an acquittal or a new trial. On Wednesday, the Court of Appeal, led by President Justice Mark Livesey, allowed the appeals based on one ground concerning the judge’s directions on joint criminal enterprise. All other appeal arguments were rejected. The court will release detailed reasons for the decision within a week. Appeals against the men’s sentences were dismissed, as the convictions had already been overturned.
The men appeared in court via video links, with a strong police presence outside the court building.
Gang Feud and Retaliation Allegations
During the trial, prosecutors alleged that all seven men, who were allegedly affiliated with the Hells Angels, targeted Mr De Ieso’s workshop to retaliate against the Finks, who they believed were responsible for firebombing the Alzuain family home the previous night. Prosecutor Jim Pearce KC told the jury that Mr De Ieso was not involved in the dispute but was accidentally caught in the violence.
According to the prosecution, the men went to the workshop intending to attack Finks member Charles Bonnici, who occasionally worked there. Mr Pearce described how they approached the open roller door, drew their weapons, and fired into the building. Staff inside scrambled to find safety as gunfire erupted. Mr De Ieso was standing only a few metres away from the shooter when he was killed at point-blank range.
Defence Arguments and Witness Credibility Challenged
Each defence lawyer argued that their client was not responsible and should be acquitted. Winston Terracini KC, representing Husain Alzuain, questioned the credibility of the prosecution’s key witness, who allegedly testified in exchange for a $500,000 reward.
Musa Alzuain’s lawyer, Andrew Fowler-Walker, argued his client wasn’t at the scene, claiming Musa was at home cleaning up after the firebomb attack. He described the prosecution’s case as purely circumstantial.
A new court date will be scheduled for the retrial.
