Mokbel stepdaughter forced to give evidence over fatal fight night shooting

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The daughter of Tony Mokbel's ex-girlfriend, two men who suffered gunshot wounds and a boxer once convicted of murder are among witnesses who have been ordered to face questions in court over a fatal shooting outside a Melbourne fight night.

Brittany McGuire, the daughter of Danielle McGuire, who was in a relationship with Mokbel in the years before the drug kingpin was jailed, is one of at least 13 people who have refused to answer questions from police investigating the shooting outside a Kensington boxing event on March 1.

 (L-R) 27-Abdullah El Nasher, Ali El Nasher and Mikhael Myko have been charged over the Kensington fight night shooting.

(L-R) 27-Abdullah El Nasher, Ali El Nasher and Mikhael Myko have been charged over the Kensington fight night shooting.

Four men have been charged – two of them with murder – over the shooting, in which Ben Togiai, 30, was fatally shot, and kickboxer Omar Bchinnati and Joseph Abouchaya were wounded.

Magistrate Donna Bakos on Thursday ruled it was in the interests of justice that Brittany McGuire, Mr Bchinnati, Mr Abouchaya and others face a special hearing at Melbourne Magistrates Court early next year to answer questions over what they saw that night.

Ms Bakos granted an application made by prosecutors and police that 13 people who were at the Kensington bout be called as witnesses at a hearing set to start on January 13.

Brothers Abdullah and Ali El Nasher, Osamma Allouche and Mikhael Myko, all in their 20s, have been charged over the shooting. Abdullah El Nasher and Mr Allouche are each charged with murder, while they and their co-accused are also charged with attempted murder and other offences.

A hearing last month was told the men could argue they acted in self-defence after a scuffle broke out between groups of people seated at two tables inside, about 15 minutes before the shooting.

Ben Togiai, 30, was shot dead outside the Melbourne Pavilion in Kensington before a boxing match.

Ben Togiai, 30, was shot dead outside the Melbourne Pavilion in Kensington before a boxing match.Credit:Facebook

Brittany McGuire is the partner of Abdullah El Nasher and will be called, as will Khaled El Nasher, a brother of two of the accused men. He was seen getting into a vehicle with his brothers after the shooting, the court heard.

Boxers Khalid Baker and Waleed Haddara are also to face questions. Mr Baker knew Mr Togiai and was previously convicted and jailed for murder, over the death of a young man who was pushed from a window at a warehouse party in Melbourne in 2005. Mr Baker maintains he is innocent of that crime.

Another member of the Haddara crime family, Fadi, will also be called as a witness, along with an associate of the accused, three other patrons, Mr Baker's trainer, and Stephen Irvine, the head of security that night, who was captured on CCTV footage picking something off the road outside.

Mr Irvine's conduct was being investigated by police, the court heard.

Some of the 13 people to be called as witnesses were likely to seek legal advice beforehand, the court heard, and Ms Bakos was mindful they didn't want to answer questions.

"What I don't want there to be is a procession of witnesses refusing to answer questions," the magistrate said.

None of the accused men or the witnesses named were in court on Thursday.

Prosecutors want the court closed for when Mr Bchinnati and Mr Abouchaya are called to give evidence next year. Prosecutors will apply at a later date to have another man added to the list.

Abdullah and Ali El Nasher, Mr Myko and Mr Allouche are all in custody and due to face a five-day hearing starting in March that will determine whether they stand trial.

About 1000 patrons were at the boxing event including underworld figures Mick Gatto and Toby Mitchell.