Man shot at Clyde could have produced gun himself, lawyer tells court


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Mr El-Hourani’s son Ali then ran to protect his father and a “melee” ensued, during which two shots were fired. One of the bullets hit a concrete pole, while the other hit Mr El-Hourani in the foot.

Police allege Mr Houda, Mr Niazy and Mr Nau were involved in a joint criminal enterprise to carry out the shooting. All three were arrested and charged with discharging a firearm with intent to cause grievous bodily harm.


Mr Nau was additionally charged with affray and breach of bail, while Mr Houda was also charged with common assault.

In Parramatta Local Court on Thursday, Mr Houda and Mr Nau applied for bail but both were refused. Mr Niazy is expected to apply for bail on January 24.

Mr Houda’s lawyer Tom Seeney told the court there was nothing to suggest a criminal enterprise except the fact the men arrived together.

He said an alternative hypothesis to police allegations the gun was brought to the scene is that the victim pulled out the Glock 9-millimetre pistol upon seeing the masked men.

Police arrest a man after the shooting in Clyde.

Police arrest a man after the shooting in Clyde. Credit:Nine News

Mr Seeney said the bullets going into a foot and a pole was “consistent with a struggle occurring”.

“These persons attended the premises in this garb and the firearm was produced by the person in these premises,” Mr Seeney said.

“It may well have been there was a struggle, and that’s when the firearm has gone off.”

Police prosecutor Sam Kalimeris said a criminal enterprise can be inferred because the men travelled to Clyde in the same car with their faces covered.

He said Mr Houda grabbed hold of Mr El-Hourani’s son when he ran to his father’s aid, which helped Mr Niazy “retain the firearm”.

“It would have been well within his contemplation that somebody [could be] shot,” Sergeant Kalimeris said. “Somebody was shot.”

In refusing Mr Houda’s bail, magistrate Tim Keady said the allegations were “serious”, and the use of gloves and face-coverings suggested a “nefarious” purpose.

“Garbed in that way, and given what occurred subsequently, reasonable inferences might arise about the purpose of the visit. It may reasonably be inferred it was not a benign one,” Mr Keady said.

Mr Houda, who earlier smiled at three supporters in the public gallery, appeared to mouth the word “f—” twice when bail was refused.

Mr Nau nodded to supporters in the public gallery after his bail was refused.

His lawyer had argued Mr Nau needed to be at liberty to get treatment for a long-standing spinal injury, however magistrate Kathy Crittenden found he had not shown cause why his detention was not justified.

Mr Nau is due to face court again on March 7.

Georgina Mitchell is a court reporter for The Sydney Morning Herald.

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