Three boys and four men have been charged with manslaughter over the alleged pack attack that killed 24-year-old Lino Atem at a reserve in Melbourne's south-west almost two years ago, with prosecutors telling a children's court the father of two was allegedly stabbed 26 times.
The charges, laid on Wednesday after raids across Melbourne, are the most significant breakthrough in the investigation since police arrested 13 youths over the fatal ambush last year. Those arrested were released without charge pending further inquiries.
Lino Atem was allegedly killed on January 10 last year at a reserve on Haines Drive in Wyndham Vale, where he had been drinking and listening to music with friends. A children's court heard that 18 youths stormed the park in what prosecutors described as a riot with weapons as Lino's group was preparing to leave. The group attacked before fleeing in cars. Lino died at the scene, while a friend and one of his brothers were also injured.
Police previously said they believed the "ferocious" and "targeted" ambush may have been a case of mistaken identity.
The accused are three 17-year-old boys and four men, including two 18-year-olds, a 20-year-old and a 21-year-old. The 17 and 18-year-olds appeared in a children's court, where prosecutors said they would examine DNA on a machete found at the scene and a beer bottle found inside a car connected to the accused young men. The court was told some DNA collected from the scene matched one of the co-accused. CCTV footage and items of clothing would also be central to the case.
Two of the 17-year-old boys are expected to apply for bail on Thursday. Prosecutors told the court they had not ruled out additional suspects and that the investigation was continuing. The 20 and 21-year-old men were due to appear in the Melbourne Magistrates' Court on Wednesday night, and the accused youths will return to court for a committal hearing next month.
Lino's death came after the shooting death of his brother Atem at the family's Wyndham Vale home in February 2023. Atem was allegedly followed home and shot, along with his friend Ayuel Akuei and the family dog.
Their father, Deng Atem, told the ABC after Lino's death that he could not comprehend losing two of his sons. "My son called me ... he said, 'I can't believe it. Lino is dead like Atem two years ago'," he said. "I want justice."
Analysis
Why This Matters
- The charges are the first laid over the fatal attack nearly two years on, and could determine whether a large alleged group attack results in convictions.
- The case raises questions about how police respond to suspected mistaken-identity violence in Melbourne's outer suburbs.
- Bail decisions due Thursday will show how the courts weigh the alleged seriousness of the offending against the youths' rights.
Background
The attack happened in January last year at a reserve in Wyndham Vale, a suburb in Melbourne's outer south-west. Police earlier arrested 13 youths in raids across 15 properties involving more than 160 detectives, but none were charged at the time. Prosecutors now allege a group of 18 youths stormed the park as Lino and his friends were preparing to leave, using weapons in what they described as a riot. Lino's family had previously suffered another loss: his brother Atem was killed in a shooting at the family home in February 2023, an event their father said made Lino's death harder to bear.
Key Perspectives
Prosecutors and police: They describe a coordinated, ferocious attack and say DNA, CCTV and clothing will support the manslaughter case. They have not ruled out charging further suspects.
The accused: All are entitled to the presumption of innocence. Three of the youths are being dealt with in the children's court, and two 17-year-olds are expected to seek bail, indicating their lawyers will argue they should not be held in custody before trial.
The Atem family: Deng Atem has called for justice and described the pain of losing two sons in two years. The family's account of the impact is central to public sympathy and the legal proceedings.
Skeptics and community observers: Some may question why the charges took nearly two years and whether the scale of the alleged group attack will make individual accountability difficult to prove at committal and any later trial.
What to Watch
- The bail application by two 17-year-old boys on Thursday and any conditions imposed.
- The committal hearing next month, where the strength of the DNA, CCTV and clothing evidence will be tested.
- Whether prosecutors charge additional suspects as the investigation continues.