'Why all the secrecy?': Accused gangster begins challenge against AFP
Quick Look
Masood Zakaria, a 31-year-old accused gangster charged with the 2021 murders of Salim and Toufik Hamze, requested deportation to Iraq or another third country rather than return to Australia to face trial, claiming he was kidnapped by a private security firm and returned via a $1.1 million payment by the AFP to Skytraders and Hart International, a claim the AFP denies as lawful.
AI-generated summary
Why It Matters
Masood Zakaria is accused of involvement in the 2021 murders of Salim and Toufik Hamze during a gangland conflict between the Hamzy and Alameddine crime families. He fled Australia in 2021 via fishing vessel, was located in Türkiye, and was deported back to Australia in 2023 before his appeal was decided.
An accused Sydney gangster challenging the legality of his deportation to Australia asked to be sent to Iraq instead of being returned to face murder charges in Sydney, a court has heard.
Masood Zakaria, 31, is charged with the 2021 murders of Salim and Toufik Hamze at the height of the gangland war between the Hamzy and Alameddine crime families.
The alleged crime boss is attempting to have the charges thrown out of court over claims he was "kidnapped" by a private security company and returned to Australia in 2023.
Court documents have previously detailed how Mr Zakaria left Australia on a fishing vessel in 2021 before he could be charged and was eventually located in Türkiye.
On Monday, the Supreme Court heard Mr Zakaria was deported from Türkiye before his appeal against his removal had been decided.
The court also heard Mr Zakaria asked to be deported to Iraq or another third country before he was taken back to Australia by a global security firm.
Claims of 'sham payments'
His lawyers claim the Australian Federal Police (AFP) paid Skytraders and security firm Hart International $1.1 million to pick Mr Zakaria up and take him back to Australia.
"The AFP normally investigates sham payments, but here it engaged in one for its own benefit," Mr Zakaria's barrister Murugan Thangaraj SC said, in opening the case.
The AFP maintains its actions were lawful and its lawyers did not open their argument in court on Monday.
The first to give evidence on Monday, Mark Conroy was shown emails from the attorney-general's office warning Mr Zakaria's prosecution could be jeopardised if he was deported.
In 2021 Mr Conroy was the head of an investigation looking into the Alameddine crime family, of which Mr Zakaria was alleged to have been a high-ranking member.
Watching on from a video link at Goulburn SuperMax's prison, Mr Zakaria sat with a pen in hand flicking through pages of evidence as they were mentioned in open court.
The courtroom showdown will hear from some of Australia's most high-profile law enforcers, including former AFP Commissioner Reece Kershaw.
The case has previously explored a growing rift behind the scenes between the AFP and NSW Police at the time.
Internal documents previously tendered in court revealed how the AFP opted to keep their NSW Police counterparts out of the loop about its plans over concerns of leaks and so it could solely take the credit.
The court is this week expected to hear from senior NSW Police figures about what they knew about the plans to bring Mr Zakaria back to Sydney.
The hearing before Justice Edward Muston continues.
What to Watch
AI outlook — possibilities, not facts
The court will rule on the legality of Masood Zakaria's deportation and the alleged payments by the AFP.
Very likely · Within weeks
Senior NSW Police figures will testify about their knowledge of the AFP's plans to return Zakaria to Australia.
Very likely · Within days
Open Questions
- Was the payment to Skytraders and Hart International legally justified?
- Did the AFP act within legal authority in facilitating Zakaria's return?
- What evidence supports the claim of a 'sham payment'?
- Will the charges against Zakaria proceed despite procedural challenges?
