A man accused of murdering an underworld figure has criticised the police case against him as he made a bid for freedom.
Keshtiar, connected to illegal motorcycle gangs and Middle Eastern crime groups, was with another individual in South Yarra in August 2023 when he was targeted and shot from a vehicle.
Dann observed that Kheyali had the rest of his family based in Melbourne and had traveled three times following Keshtiar’s death, each time returning to Australia without issues.
Kheyali had been prohibited from leaving the country since September after he was bailed on unrelated drug possession and driving offences.
But Dann said his client followed those bail conditions even though his wife was in a coma after giving birth to their stillborn child in November.
These elements, combined with potential prolonged delays in the legal proceedings, justified Kheyali’s release into the community under strict bail conditions, according to Dann.
But prosecutor Peter Pickering argued there were no conditions that could reduce the risk of Kheyali reoffending, fleeing the country or contacting witnesses.
He alleged Kheyali was the one who got out of the car after Keshtiar was initially shot and fired more bullets to ensure he was dead.
“This is not a just a random shooting – this is a targeted attack,” Pickering told the court.
He argued Kheyali would be able to identify Witness O and could potentially interfere with the witness.
He conceded the $800,000 surety was a large amount but argued the family’s ability to monitor Kheyali and ensure he complied with bail was very limited.
Kheyali blew kisses and said “I love you” to family members as he was led out of the courtroom on Tuesday afternoon.
He also thanked Justice Rita Incerti, who will hand down her bail decision on Wednesday.
