On August 24, 2001, seven men and
were arrested and faced charges involving the possession and trafficking of
amphetamines, ecstasy, ephedrine, cocaine, hashish and LSD.
Those arrested included
millionaire businessmen and drug baron, Tony
Mokbel and Lewis
Moran.
Drug squad and Australian Federal Police
intelligence suggested Mokbel, Lewis Moran Kinniburgh, were involved in
importing three tonnes of hash and that the trio were to split the profits.
On January 14, 2002, the inquest
into
Gangitano shooting hit a wall of silence as the two prime suspects were excused
from giving evidence.
Jason
Moran and Graham Kinniburgh were exempted by the coroner on the ground they
might incriminate themselves.
The two men refused to give evidence to
the coroner.
Their lawyers claimed the
evidence would incriminate them.
Legal
representatives said there was no evidence implicating the pair in the murder.
"You don't have
to be guilty to claim the privilege against self-incrimination," said Mr
Kinniburgh's lawyer, Tony Hargreaves.
Mr Rapke outlined a
police scenario in which Mr Kinniburgh spent at least 30 minutes at
Gangitano's
house before
Moran arrived armed with a .32 calibre handgun after 11pm.
Gangitano tried to flee into the laundry as Mr
Moran fired at him with a small pistol, hitting him three times, Mr Rapke suggested.
In the police
scenario, Mr Kinniburgh bumped his elbow trying to flee the house and left his
DNA on a screen door.
He ran upstairs to
check he had not been recorded on
Gangitano's
elaborate security system, leaving his blood on an upstairs banister, and then
went to a nearby service station to set up his alibi before returning.
Immediately after
the shooting, Mr Kinniburgh rushed to a nearby convenience store, where he was
filmed by a security camera and thus acquired an alibi, Mr Rapke said.
Mr
Moran,
meanwhile, left the house.
Mr Rapke said there
were gaps in the evidence against Mr
Moran and Mr Kinniburgh, but said it was "good enough" to implicate them.
He conceded the
quality of the evidence meant Mr West could not "make a positive finding
that either Kinniburgh or
Moran fired the shots that killed
Gangitano.
Few were prepared to honour
Alphonse Gangitano's memory by turning up for the findings of his inquest on
January 25, four years and 10 days after his murder.
Deputy coroner Iain West found that
both were in
Gangitano's
home at the time of his shooting.
But the coroner
could not say who pulled the trigger.
Homicide squad detectives were preparing a fresh report for the Office of Public Prosecutions to consider
whether there are new grounds to lay charges.
Neither of the prime suspects were in court, but it might
be said that Mr Moran did have a representative to put his case - his mother,
Judy.
Judy Moran said her son was a
beautiful boy who had been set up by the police.
"Was he framed?"
"Of course he's framed by the
police, like he's always been framed."
"He had nothing to do with
this?"
"He was home, he was home. The
police know. They had a bug in the roof ... they know where he was. They
couldn't produce the papers.
In early 2003 amphetamine dealer and murderer Carl
Williams was putting most of his time into hunting
down his arch enemy Jason
Moran.
But Moran's counter surveillance expertise made the
job much more difficult than Williams had envisaged.
He started to get
desperate.
If he couldn't get to Jason he would kill
those close to him. He told an associate to start
surveillance on Moran's oldest family friend, Graham Kinniburgh, and another associate
Steve (Fat Albert) Collins.