Australian Federal Police (AFP) Commissioner Krissy Barrett is set to be called before the NSW Supreme Court to give evidence over the controversial extradition of an accused Sydney underworld figure.
Commissioner Barrett, her predecessor Reece Kershaw and some of Australia’s most senior law enforcement figures are among those to potentially be called as witnesses, the ABC understands.
Accused Sydney gangster Masood Zakaria is seeking to have his murder charges thrown out on the grounds he was unlawfully deported by a private contractor from Türkiye to Sydney.
Mr Zakaria’s lawyers have told the court they expect to hear from up to 35 witnesses.
Mr Zakaria argues his deportation back to Sydney was akin to a “kidnapping” by the AFP. (ABC News)
Mr Zakaria is charged with the murders of Salim and Toufik Hamze at the height of the underworld war between the Hamzy and Alameddine crime families.
He is also facing charges of conspiring to murder Ibrahem Hamze, directing a criminal group, drug supply and proceeds of crime offences.
Police believe Mr Zakaria fled Australia by stowing away on a fishing vessel in December 2021 after learning warrants for his arrest had been issued.
He was later arrested by Turkish authorities in a villa in the seaside town of Mulga in January 2023.
Million-dollar deportation
Mr Zakaria’s lawyers have previously described his removal from Türkiye as “a kidnapping” by the AFP.
His legal team argues the case should be thrown out because the AFP’s decision to hire a private company to take him into custody and transport him back to Australia was unlawful.
The AFP has maintained its actions were lawful and that Mr Zakaria was legally returned to Australia.
Mr Zakaria is charged with two counts of murder relating to the Alameddines’ gang war with the Hamzy family. (Supplied)
Documents obtained by the ABC show the AFP paid the company, Sky Traders, more than $1 million to obtain custody of Mr Zakaria in Türkiye and transport him to Sydney.
The same documents tendered to court detailed how senior police celebrated and congratulated each other over the capture and return of Mr Zakaria three years ago.
The ABC previously revealed law enforcement intelligence tracked Mr Zakaria to Istanbul where he was allegedly seen in the company of other Australian fugitives.
Questions over tea set gift
Mr Kershaw, who was the AFP commissioner at the time, is set be questioned by Mr Zakaria’s lawyers after travel records placed him in Türkiye when he was captured.
Court documents show Mr Kershaw was gifted a tea set valued at $500 by Turkish authorities around the same time.
Commissioner Barrett is being called as she was involved in the attempts to extradite Mr Zakaria in her previous role with the AFP.
Mr Kershaw is being called to give evidence by Mr Zakaria over his role in the extradition attempt. (ABC News: Ian Cutmore)
Both Mr Kershaw and Commissioner Barrett declined to comment through the AFP when contacted by the ABC.
Senior NSW Police officers are also set to be called as witnesses in the case arguing over the legality of Mr Zakaria’s deportation.
Documents tendered in court as part of Mr Zakaria’s case detailed the fractious relationship between the NSW Police and the AFP at the time.
In one email an AFP officer wrote: “Nswp happy? Bloody should be after all this work and effort. Do t (sic) think they’d ever really understand what it takes from beginning to end”.
The AFP decided to foot the $1 million bill to contractors Sky Traders and Hart International for the extradition, as opposed to looping in their NSW Police colleagues.
A Supreme Court hearing to determine whether Mr Zakaria’s charges should be dismissed is due to take place later this year.
