Judge not convinced of killer's remorse after shooting young Melbourne rapper
Chris Habiyakare was shot during an altercation with intruders on August 24.
In short:
Mustafa Alhassan has pleaded guilty to homicide by firearm at Victoria's Supreme Court after the death of young rapper Chris Habiyakare.
Alhassan and two co-offenders forced their way into the victim's house in Melbourne's west in 2021, before Alhassan shot him with a rifle.
What's next?
Mustafa Alhassan will be sentenced at a later date.
A Supreme Court judge says he's "far from persuaded" that a killer is sorry for shooting a young rapper dead during a home invasion four years ago.
Mustafa Alhassan and two co-offenders forced their way into Chris Habiyakare's house in Melbourne's west on August 24, 2021, before Alhassan shot the victim in the chest with a rifle.
Prosecutor Ray Gibson told the Supreme Court of Victoria the men wrongly believed there was $1 million in the Sunshine West home, with only a stash of drugs and $41,000 in cash eventually found.
Alhassan was arrested seven months later, with Mr Gibson telling the court he made disparaging comments about the victim after the shooting, referring to Mr Habiyakare as a "shit guy".
Mustafa Alhassan faced Victoria's Supreme Court on Wednesday. (ABC News:Chris Le Page)
Alhassan's defence lawyer, Karen Argiropoulos SC, conceded her client's actions afterwards, which included plans to carry out another home invasion, were "not consistent with remorse".
"Alhassan's willingness to engage in another home invasion and obtain a firearm, do him no credit whatsoever," she said.
Ms Argiropoulos said her client had since expressed "genuine remorse" to a psychologist, and had cried when he first spoke to another person about committing the crime.
Justice Christopher Beale, who now has the task of sentencing Alhassan for the offence of homicide by firearm, questioned whether Alhassan was "crying for himself".
"I hope he's remorseful, but I'm far from persuaded that he is,"Justice Beale said.
Family shares struggle after death
The court heard on the night of the killing, masked intruders, including Alhassan, forced their way into Mr Habiyakare's home armed with a machete, taser and firearm.
Five guests at the house fled, with one woman smashing a window to get out.
In court on Wednesday, members of Mr Habiyakare's family said they were struggling to deal with his untimely death, four years on.
The 24-year-old rapper performed under the name Lyr1cure7, and was described by his friend August Niranyibagira as "family".
It was Mr Niranyibagira who called triple-0 and was instructed to perform CPR on his dying friend.
Defence barriser Karen Argiropoulos told the court her client had expressed remorse to a psychologist. (AAP: Con Chronis)
"We used to make music. I would make beats, and he would rap over them," he said.
"And now my last memory is me performing CPR while we wait for the ambulance."
Mr Niranyibagira said the incident had left him "very paranoid" for some time.
"I started looking out of my windows every two hours … I found it hard to eat, I found it hard to sleep," he said.
Prosecutors also read victim impact statements from the victim's father, Belthrand Habiyakare, and another friend, Maya Wolkoski, who was also at the house.
Mr Habiyakare said his son's death has had a "profound impact" on his mental health.
In the hope of honouring his son, Mr Habiyakare set up a drug and alcohol treatment centre for young people in the African nation of Burundi.
Beltrand Habiyakare said the death of his son had affected his mental health. (ABC News)
"I feel incomplete, weak and incompetent as a father," his statement read.
"It almost feels like I should not have hope that any of my other children will make it past the age of which Chris passed."
The charge Alhassan was facing, homicide by firearm, was introduced in 2020 and is similar to manslaughter.
The offence carries a maximum penalty of 25 years jail, with a standard sentence of 13 years.
Ms Argiropoulos said the untimely death of Mr Habiyakare occurred "within the context of what was planned to be a home invasion" and "occurred spontaneously".
Alhassan was supported in the courtroom by his parents, brothers and aunt.
He was remanded in custody and will be sentenced at a later date.