A Melbourne courtroom has erupted in cheers and applause as a man was found to be responsible for killing another in a streetside attack.
Daniel Devlin was found guilty of Ali Chaaban’s manslaughter on Friday afternoon in Victoria’s Supreme Court following a week-long trial.
As the jury foreman announced the verdict, members of Mr Chaaban’s family, seated in the public gallery upstairs, began to applaud, rising to their feet and clapping.
During the trial, Crown prosecutor Jim Shaw told the jury Mr Chaaban was at home with his girlfriend and an old friend when he heard a knock at the front door shortly before midday on June 15, 2024.
Outside was Devlin, who Mr Shaw said was acquainted with Mr Chaaban, but was not a friend.
“Ali Chaaban answered the door and he told the accused that he was not welcome,” the prosecutor said.
“An hour and a half later Mr Chaaban was in a critical condition in the Austin Hospital.”
The jury heard Devlin ripped his shirt off as the two men squared up and began trading blows outside the Heidelberg West home before Mr Chaaban was knocked to the ground.
The pair were found wrestling when police arrived a short time later and dragged Devlin off Mr Chaaban.
Mr Shaw told the court it was the Crown’s case Devlin had placed Mr Chaaban in a headlock for several minutes as they wrestled.
“By the time this altercation was broken up by police and Mr Chaaban was in a pretty bad state, we see that the accused was still being aggressive and continuing to attack him,” he said.
“The prosecution case is that is something that is clearly dangerous, putting pressure on someone’s neck and throat for an extended period of time.”
Mr Shaw said Devlin had gone to Mr Chaaban’s house “looking for trouble” and was captured on police body-worn cameras continuing to punch, kick and hurl abuse at the fatally injured man.
Mr Chaaban, the court was told, died in hospital the following morning with his cause of death identified as blunt force trauma to the neck.
During the trial, Devlin’s defence barrister Justin Hannebery KC suggested there was an “alternative explanation” for Mr Chaaban’s death.
He argued the presence of methamphetamine in Mr Chaaban’s system meant jurors could not discount that the blunt force trauma was unrelated to his death.
He told the court Dr Judith Fronczek, who conducted the autopsy, could not say how the blunt force trauma occurred or the period of time in which it was inflicted.
“It could have been fleeting, it could have been prolonged,” Mr Hannebery said.
The defence barrister also argued there was no evidence on who started the fight and suggested that Devlin placing Mr Chaaban in a headlock was an “innately defensive” action.
“It is an action that achieves the purpose of stopping someone continuing a physical assault upon you and that you may infer – looking at all the circumstances – that is exactly what Mr Devlin was trying to achieve in taking that action,” he said.
Outside of court, members of Mr Chaaban’s family said they were elated that there had been “justice for Ali”.
Devlin will return to court for a pre-sentence hearing on March 31.
