A bikie gang associate who ambushed and shot
a man twice after he had kidnapped and tortured a female
friend of the gunman has been jailed for six and a half
Supreme Court Justice Terry
Forrest said Feda Malkic, 40, a former Bosnia-Herzegovina
special forces officer, had been wearing a balaclava and
lying in wait for his "prey" before shooting Ashok
Alahanathan in the arm and stomach in the foyer of a
Parkville apartment block on March 11, 2014.
Justice Forrest said Malkic had known Mr
Alahanathan, an ice dealer, for about a year before they had
had a falling out.
"In late 2013, a group of men, alleged to
be members of a motorcycle gang, were attempting to
intimidate Mr Alahanathan," the judge said.
"Various threats were made to him. You
offered to help him by engaging some acquaintances of yours,
also motorcycle gang members, to persuade the other men to
back off. Apparently they carried out these instructions.
"As a consequence, both you and your
motorcycle gang acquaintances regarded Mr Alahanathan as
indebted to you all.
"You demanded money from him and drugs to
be supplied on credit. He declined to pay or to extend that
credit and a conflict developed. It seems that he had spread
the word that he would get in first if there was to be any
The judge said Malkic feared Mr
Alahanathan was planning to kill him after claiming he had
kidnapped a female friend and tortured her to get her to
give him Malkic's address.
Malkic decided to shoot the victim in a
"This was a vicious attack on an unarmed
man in a populous area," Justice Forrest said on Thursday
when jailing Malkic for six and a half years with a
non-parole period of four years and three months. Malkic
pleaded guilty to charges of intentionally causing serious
injury and using and possessing an unregistered handgun.
"I accept that you were unsettled by Mr
Alahanathan's threats and believed them to be genuine. That
provides an explanation as to why, at the age of 40 and with
no prior convictions, you determined to offend in this very
serious manner. It cannot excuse it. This court cannot
countenance citizens taking the law upon themselves. Anarchy
Justice Forrest said Malkic, a divorced
father of a 13-year-old boy, had been an officer in the
Bosnian war between 1992-94 and developed post-traumatic
stress disorder after being held prisoner.
The judge accepted Malkic's judgment
before shooting Mr Alahanathan had been impaired to some
extent by his mental state but his hypervigilance and
anxiety played no role in the actual shooting.
"You hid in wait for your prey. You donned
a balaclava. You shot an unarmed man. When he went to ground
you shot him again. There is not a hint of hypervigilance or
rapid hair-trigger response to your actions.
"The background to your offending
demonstrates that, if you were not actively involved in the
drug trafficking world, you were on its periphery."
Malkic was arrested on March 19, 2014, in
Chapel Street, Prahran, when armed with a loaded five-shot
.38 calibre Smith & Wesson revolver and a taser.