Two men accused of conspiring to kill Sydney nightclub identity John Ibrahim showed a “high degree of planning”, when they parked on his eastern suburbs street wearing balaclavas and armed with guns and jerry cans, a court has been told.
Yousif Zrayka, 22, and Siaosi Maeakafa Tupoulahi, 24, were charged with conspiring to murder the former Kings Cross night-life figure in July 2024. They have denied this allegation.
The pair were parked on Mr Ibrahim’s Dover Heights street in a stolen luxury car, wearing balaclavas, gloves, and armed with two guns, two jerry cans of fuel and two jet lighters.
In the Downing Centre District Court on Tuesday, the Crown alleged the two men had carefully planned to kill Mr Ibrahim.
“There was a high degree of planning, which the crown says is indicative of the primary charge,” they said.
During their closing submissions, the Crown alleged there was evidence that pointed towards the intended crime being that of a murder rather than a detention or kidnapping for financial benefit.
“There were no cable ties or ropes … nothing that could be used to tie up Mr Ibrahim,” they said.
“There was nothing that was located to keep him quiet … to be used as a gag.”
Among other reasons, the Crown said there was also no room in the back seat to place Mr Ibrahim, and that the only place he would fit would’ve been in the car’s boot.
However, the car’s internal boot release would’ve allowed Mr Ibrahim to take action to escape.
The Crown also said Mr Ibrahim would’ve had access to the two firearms that were placed on the back seat if he was not restrained, and that the jerry cans found in the car would lead his honour to conclude there were to be used to destroy the stolen car.
The Crown further argued there was also evidence that pointed towards the intended crime being murder, including the degree of planning, what happened on the morning of the alleged plot, and that while it is a “circumstantial” case, the intended victim was Mr Ibrahim because of his “notoriety and connections”.
In the defence’s closings, they asked his honour where the evidence was that either accused actually knew Mr Ibrahim lived on the street they were parked on.
“The only evidence the Crown has is that the officer in charge said that it’s (Ibrahim’s address) something of common knowledge having been in the media,” the defence said.
“It cannot be said that it was so obvious that it would be common sense and common knowledge.
“We all know it’s his house now… but that’s all reverse reasoning.
“How did these guys know?”
The court was also told that “clearly” neither of the two accused were the “masterminds” behind the plan.
At least one of these persons knew they were heading to the street, the court was told, given the evidence of the address dialled into Google Maps on a phone that was later recovered.
However, the defence suggested it could not be said whether the accused knew that address was Ibrahim’s home.
“Who is to say what the state of these person’s mind must have been beyond reasonable doubt… when they parked on (Mr Ibrahim’s) street,” they said.
The pair had both pleaded guilty to weapons charges, with Mr Zrayka admitting to two counts of possessing an unauthorised pistol and one count of using an offensive weapon in company.
Mr Tupoulahi pleaded guilty to two counts of possessing an unauthorised pistol.
However, they denied conspiring to murder John Ibrahim.
Mr Zrayka pleaded not guilty to attempting to discharge a firearm with the intent to cause grievous bodily harm.
Mr Tupoulahi pleaded not guilty to using offensive weapon in company and attempting to discharge a firearm with the intent to cause grievous bodily harm.
At trial, the Crown said in the early hours of July 25, 2024, the pair had travelled in a stolen car with fake registration plates from Chester Hill in Sydney’s west to Dover Heights in Sydney’s east, and parked a short distance away from Mr Ibrahim’s home.
Wearing all black clothing, gloves and balaclavas, the pair remained parked on the street for more than an hour until a Range Rover, with a similar appearance to Mr Ibrahim’s drove away.
Mr Zrayka pulled out in front of the car but then pulled over to allow it to pass, the court was told.
A few seconds later, another Range Rover driven by a witness in the trial drove by.
It’s alleged the pair mistook this vehicle for Mr Ibrahim’s.
CCTV footage showed Mr Zrayka pulled out in front of the witness, blocking the car before Mr Tupoulahi got out of the car and briefly raised a Glock pistol towards the driver.
He then retreated back into the car and drove away, before they were stopped by police shortly after.
A search of the stolen car located two loaded firearms, two full containers of petrol, two jet lighters and a bag with rubber gloves, the court was told.
Police also found keys to three other stolen cars.
In total, the court was told the criminal enterprise involved six stolen and mostly high-end motor vehicles.
They are not charged over any stolen cars or fake plates.
The court was told these facts were not in dispute; however, the predominant issue of the trial was whether the Crown can prove beyond reasonable doubt the accused conspired to murder Mr Ibrahim.
Justice Michael McHugh is expected to deliver his verdict at a later date.
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