A Supreme Court judge has found there is “credible” evidence an alleged crime boss accused of two gangland murders was illegally deported back to Australia to face charges.
Masood Zakaria, 30, is alleged to have fled to Türkiye in December 2021 after police issued an arrest warrant for two counts of murder, conspiracy to murder and drug offences.
After an Interpol blue notice was issued and more than a year on the run, Mr Zakaria was returned to Sydney by the Australian Federal Police (AFP) in January 2023.
Unlike an Interpol red notice, which seeks the arrest of a suspect, the blue alert is issued to police globally only to gather information on a person or their location.
Masood Zakaria was wanted by NSW Police in relation to the Hamzy-Alameddine family conflict. (Supplied: NSW Police)
At the time, Mr Zakaria was considered among one of the most-wanted Australian fugitives being hunted across the globe by local law enforcement.
Mr Zakaria claims he was unlawfully returned to Australia because he was still awaiting an appeal against his deportation notice from Türkiye at the time.
Mr Zakaria is asking for a permanent stay of his charges, claiming the AFP’s actions were “an abuse of process”.
They relate to the double shooting of teenage gangster Salim Hamze and his innocent father Toufik and a failed assassination attempt on Ibrahem Hamze.
Salim and Toufik Hamze were gunned down in broad daylight outside their Guildford family home by a masked gunman on 20 October 2021.
Salim Hamze, 18, (right) and father Toufik Hamze who were gunned down in Guildford in 2021. (Supplied)
The attempt on Ibrahem Hamze’s life occurred in North Sydney in August 2021 when two gunmen fled from police after being spotted parked in a no-parking zone outside his home.
Police allege Mr Zakaria was a senior member of the Alameddine crime family that was in the middle of a feud with the Hamzy’s — sometimes spelled ‘Hamze’ — at the time.
Both families are alleged by police to run organised crime networks in Western Sydney.
In a decision handed down last week, Supreme Court Justice Mark Ierace wrote in his judgment there was “credible prima facie evidence” that there had been an abuse of process in deporting Mr Zakaria.
He added that the same level of evidence did not point to whether the AFP knew their actions were unlawful.
“In view of there being outstanding subpoenaed material from relevant agencies that may throw further light on what the Australian authorities knew or did not know at the relevant time and the time that process is taking, a vacating of the trial date in respect of Mr Zakaria is unavoidable,” he said.
The trial was due to take place later this year but has been temporarily vacated and more hearings about whether to permanently vacate the case will take place next month.