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Family rival killer appeals murder conviction over shooting 13 years ago

Ali Chaouk maintains he was having dinner with his wife and her mother when family rival Mohammad Haddara was gunned down 13 years ago.

Chaouk has launched an appeal against his murder conviction after a Victorian Supreme Court jury found him guilty of fatally shooting Haddara, 28, from behind outside the victim's Altona North home in June 2009.

He claims jurors were wrongly told his wife and mother-in-law had lied about his alibi before deciding his guilty verdict in 2018, the Court of Appeal heard on Friday.

READ MORE: Family forgive police officer who shot son dead, inquest hears

Ali Chaouk (centre) has been sentenced for murdering a family rival.

A decade after the murder, Chaouk was jailed for 24 years after his wife's cousin, Ahmed Hablas, gave evidence against him at the trial.

He must serve 18 years before he becomes eligible for parole.

The Chaouk and the Haddara families have a lengthy history of animosity and the shooting occurred after an argument about a borrowed Mercedes.

Hablas initially confessed to the killing but recanted before standing trial, saying he had confessed out of fear.

He was acquitted by a jury in 2011.

Chaouk, who appeared in court by video link from Barwon prison, has always maintained his innocence.

His barrister Peter Lange argued Chaouk's conviction should be overturned due to "special and compelling circumstances" regarding the use of his wife and mother-in-law's alibi evidence during the trial.

"It was suggested in the closing address by prosecution counsel that both of these ladies had lied," Lange told the court on Friday.

"The jury had to consider, in order to convict the applicant (Chaouk), the evidence of both the partner and the mother-in-law.

"Because if that evidence raised doubt, the prosecution's case failed.

"There was a very real risk of misuse of the rejection of the alibi evidence, so as to give rise to special circumstances."

Mohammad Haddara was shot dead in 2009.

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Lange said the women's alibi was consistent with what his client had told police when he was interviewed.

He alleged the jury was not properly directed by the trial judge about how to deal with the case if they concluded Chaouk, his partner and her mother had lied about the alibi.

Further, he argued if the jury had found they had lied then jurors would been more likely to accept Hablas' account at the trial.

"In other words, a tendency to cause people to lie on his behalf to avoid a finding of involvement in the shooting and therefore giving credence to the account given by Hablas," Lange said.

"That would be an entirely inappropriate mode of reasoning."

Crown barrister Chris Boyce said the trial judge's directions to the jury were carefully curated and that Chaouk's lawyers did not ask for the direction about the alibi evidence.

Had the jury been given this direction, Boyce said it would not have helped Chaouk's case.

Justices Geoffrey Priest, David Beach and Stephen McLeish reserved their decision.

Nick Kyrgios' day in court on common assault charge postponed

Nick Kyrgios' day in court to face a common assault charge has been postponed by three weeks.

The assault charge relates to an incident in January 2021 that was reported to ACT police in December.

The Australian tennis sensation was initially required to face the ACT Magistrates Court on August 2, amid reports he grabbed his former girlfriend Chiara Passari in the 2021 incident.

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Nick Kyrgios played in the Wimbledon final just days after the assault charge was revealed.

He told reporters at Wimbledon earlier this month he had a lot of things he wanted to say but had been advised by his lawyers he was unable to make any comment.

Canberra solicitor Michael Kukulies-Smith is now acting on Kyrgios' behalf.

Kukulies-Smith would not confirm or deny the details of the charge, saying it would be inappropriate to do so or reveal his client's instructions while the matter is before the court.

The matter will be now be heard in the ACT Magistrates Court on August 23.

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Nick Kyrgios and Chiara Passari

The Wimbledon men's singles finalist is scheduled to be in the United States for the Western and Southern Open in Cincinnati after being awarded the wild card.

The competition will run through mid-August, finishing two days before the court date.

The 27-year-old is scheduled to take part in the US Open, which begins on August 29.

Kyrgios is not required to attend court if he is legally represented.

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Baby humpback whale dies after washing up on NSW beach

A baby humpback whale has died after washing up on a northern New South Wales beach.

The whale was found on Oxley Beach in Port Macquarie around 10am on Friday morning.

The creature is believed to be only one week old and was found thrashed against rocks.

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Baby Humpback whale washes up in Port Macquarie on July 29Baby Humpback whale washes up in Port Macquarie on July 29

NSW National Parks and Wildlife Service and the Organisation for the Rescue and Research of Cetaceans in Australia worked to save the whale's life but unfortunately, it died on Friday afternoon.

Volunteers put wet blankets on the whale and used buckets to pour salt water over the creature but it was too late.

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Baby Humpback whale washes up in Port Macquarie on July 29Baby Humpback whale washes up on Port Macquarie beach on July 29

The whale's mother hasn't been spotted surfacing in the area.

Humpback whales stay with their offspring for up to a year until they are ready to be on their own.

Family forgive police officer who shot son dead, inquest hears

The family of a man shot dead by police in Melbourne's north say they forgive the officer who killed him.

Gabriel Messo, who had diagnosed bipolar, was stabbing his mother Lilla Messo in her head and neck with a stick at John Coutts Reserve on the afternoon of July 16, 2020, when two officers arrived at the scene.

Constable Emmanuel Andrew shot Messo three times in the chest.

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The officer's partner Senor Constable Rebecca Churcher told an inquest into Messo's death it was like he "didn't even flinch" after the first shot, and advanced on them after the second.

Constable Andrew was on Friday excused from giving witness testimony at the inquest because of risks of self-incrimination, and the amount of evidence already before the coroner.

Messo's family have lost faith in the mental health system, as the 30-year-old was brought to the Royal Melbourne Hospital under police guard the day before his death.

He appeared either drug-affected or in a psychotic episode when he was arrested after an incident at his aunt and uncle's house earlier that morning, but was assessed as safe to be discharged.

Messo was later released on bail from Broadmeadows Police Station.

His mother survived the attack at the reserve but now lives with an acquired brain injury.

She is reminded of what happened every time she looks in the mirror, Messo's sister said.

READ MORE: Officer breaks down during inquest into deadly police shooting

Lilla Messo didn't initially realise how she'd ended up in hospital, with her family telling her six weeks into her long recovery her son had died.

His sister said the system needs to be "flipped on its head".

Her brother also tried and failed to get in-person help for his mental health in the days leading up to his death.

"We know Gabby's case is not the first, and if nothing changes, it won't be the last," she told State Coroner John Cain.

"We hope that they take a good look at themselves and learn from their mistakes.

"They get to travel the world and live their lives – Gabby does not."

Her family couldn't comprehend why police released Messo, and why he was not offered adequate assistance for his mental health.

When Messo was unwell, that wasn't his true nature, his sister said.

Instead, her family would remember him as a fun-loving, energetic, genuine person, who loved them unconditionally.

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"Gabby won't be here for my wedding," she said.

"He won't have an opportunity to be an uncle to any nephews or nieces, let alone have children of his own.

"His life was taken too early."

Fuat Messo said his wife Lilla lights a candle for their son every day, and they pray for him day and night.

He told the coroner that, when people and organisations "drop the baton", it can result in permanent scars, and on the day of his son's death, he believes he was frustrated with life.

His family forgive Const Andrew, Fuat Messo said, and acknowledge Sen Const Churcher, for they were only trying to do their best.

Evidence in the inquest into Messo's death wrapped up on Friday, with the parties to reconvene in September.