Full Breakdown
Masood Zakaria’s Illegal Deportation Sparks Legal Challenge to Murder Charges
By Drooid · · How we work
Core Event: Prosecutors Concede Deportation Breached Turkish Law
Prosecutors in New South Wales have acknowledged that the forced removal of alleged underworld figure Masood Zakaria from Turkey in late 2023 violated Turkish legal protections because his appeal against deportation was still pending. The admission was made by Chris Tan, a prosecutor for the NSW Director of Public Prosecutions, during a hearing before Justice Edward Muston. The concession is central to Zakaria’s bid to have a suite of serious charges—including the 2021 murders of Salim Hamze (18) and Toufik Hamze (64)—dismissed on the basis of an abuse of process.
Background & Context
Zakaria, a 31-year-old alleged senior member of Sydney’s Alameddine crime family, is accused of killing the father-son duo amid a gangland feud in 2021. He fled Australia on a fishing vessel and was later located in Turkey. While his Turkish deportation appeal was unresolved, Australian authorities arranged his return. The Australian Federal Police (AFP) is alleged to have paid $1.1 million to private firms—Skytraders and Hart International—to secure his extraction. Defense lawyers argue the operation amounted to a kidnapping and that Zakaria had a legal right to remain in Turkey until his appeal concluded.
Timeline
- 2021 – Murders of Salim and Toufik Hamze; Zakaria departs Australia.
- 2022 – AFP detective sergeant Scott Murphy urges Turkish police to “blacklist” Zakaria.
- Late 2023 – Zakaria is deported from Turkey despite his pending appeal; returned on a chartered Airbus A319.
- December 2023 – Arrival in Sydney escorted by six former-military contractors from Hart International.
- 2024-2026 – NSW Supreme Court examines the legality of the deportation and its impact on the murder charges.
Data & Statistics
- Age: 31 years.
- Charges: Two murders, one conspiracy to murder, and related offences.
- Payments: AFP allegedly spent $1.1 million on Skytraders and Hart International.
- Security team: Six ex-military contractors accompanied Zakaria on the return flight.
- Custody: Held at Goulburn Supermax, Australia’s highest-security prison.
Official Statements & Responses
- Chris Tan (NSW DPP) said Zakaria was “prohibited from being deported” while his Turkish appeal was pending.
- The AFP maintains its actions were lawful but has not presented a detailed defence.
- Robert Scheeres, a Hart International contractor now with Transport for NSW, denied that he or his colleagues restrained Zakaria, despite court images showing “flexi cuffs.”
- Krissy Barrett, AFP Commissioner, has not been called to testify; former commissioner Reece Kershaw is expected to appear.
Criticism & Opposition
Defense counsel Murugan Thangaraj SC called the AFP’s payment a “sham payment” and highlighted the lack of Australian officials on the aircraft. Barrister Mohammad Chahine described the operation as a “kidnapping” by a private security company. The defense argues the illegal deportation constitutes an abuse of process that should trigger a permanent stay of proceedings, potentially nullifying the murder and conspiracy charges.
Conflicting Reports & Gaps
- The prosecution concedes the deportation breached Turkish law, while the AFP continues to assert legality.
- Court images show restraints; Hart International insists no handcuffs were used, leaving the factual status unresolved.
- No public details have been released regarding the specific legal arguments the AFP will present to counter the abuse-of-process claim.
What’s Next
The Supreme Court will hear testimony from a Turkish-law expert to assess the deportation’s legality. A decision on whether to grant a permanent stay of proceedings—and possibly dismiss all charges—is expected later in the current hearing term. The outcome could affect future cross-border operations involving Australian law-enforcement agencies.