The last of three men charged over a revenge attack that led to the death of Adrian Pacione has walked free from a Victorian court.
Pacione was watching a movie at his friend’s house in Lalor on July 18, 2020, when four shots were fired through the front window.
A bullet struck the 20-year-old in the head and he died in hospital two days later.
READ MORE: Perth widow duped by scammer using AI deepfake technology
Adam Tiba was sentenced to 345 days in jail at the Victorian Supreme Court after he pleaded guilty to aggravated burglary. With time already served, he was allowed to walk free.
The 25-year-old was initially facing one count of murder alongside Abdullah Hammoud, 25, and Tahmid Rahman, 22, but those charges were dropped because there wasn’t enough evidence.
READ MORE: Transport Worker Union members protest outside Aldi headquarters in Sydney
The group had planned to attack an occupant inside the Lalor home following a botched drug deal.
The court heard they tried to gain entry to the house but failed, and that’s when four shots were fired and they fled the scene.
Pacione was “completely innocent”.
Prosecutors could not prove who fired the fatal shot, so the murder charges were scrapped.
Pacione’s sister, Emily Pacione, said there was no justice for her brother.
READ MORE: Public appeal after Queensland grandmother found dead 860km away from home in New South Wales
“It is very devastating that we can’t have a voice for Adrian,” she said.
“It is very hard times right now and we are very saddened.
“We’ve lost faith in our justice system.”
Earlier this week, Supreme Court Justice John Dixon stopped members of Pacione’s family from reading victim impact statements after it was opposed by Tiba’s lawyer.
“I do not sentence you on the basis that you either knew about the presence of the firearm or that you were, in any way, complicit in its discharge,” Justice Dixon said.
“It might have been you but I cannot and do not proceed on that basis.”
The court heard Tiba has re-connected with his Islamic faith and has completed diplomas in community work and mental health since he was granted bail.
“I think sending you back to prison would be detrimental,” Justice Dixon said.
“It is not in the interest of the community to undermine your progress.”
Tiba was placed on a year-long community corrections order and will have to complete 150 hours of volunteer work.
He declined to comment as he left court.
links to content on ABC
9News
