AFP urged Turkey to deport Masood Zakaria before arrest, court told

Masood Zakaria's lawyers seek to have murder charges thrown out over alleged illegal deportation

By LineZotpaper

Published21 October 2026

Read Time2 min

Sources4 outlets

The Australian Federal Police encouraged Turkish authorities to deport Masood Zakaria weeks before his arrest at a seaside villa, a court has heard, as his lawyers argue his return to Australia was an illegal kidnapping that should see murder charges against him permanently stayed.

An email sent in late 2022 by then-AFP detective sergeant Scott Murphy, read to the NSW Supreme Court on Wednesday, proposed five options to have Zakaria removed from Turkey, four of which involved deportation. Murphy told NSW Police investigators he would work with Turkish National Police to have Zakaria removed from Turkey.

At the time, NSW Police were exploring extradition, but Australia does not have an extradition treaty with Turkey. A month later, in January 2023, Turkish authorities arrested Zakaria.

Zakaria, 31, was returned to Australia in December 2023 after, his lawyers say, the AFP chartered an Airbus A319 for more than $1 million. A team of six ex-military contractors from Hart International, a multinational security firm, flew with him after he was escorted onto a plane by heavily armed Turkish law enforcement. The chief executive of Hart International Australia told the court under cross-examination that the company's personnel did not restrain passengers, before being shown images appearing to show plastic restraints around Zakaria's wrists.

Zakaria's lawyers have cross-examined senior NSW Police organised crime investigators and subpoenaed AFP Commissioner Krissy Barrett and her predecessor Reece Kershaw to give evidence. The AFP maintains its actions were lawful. The hearing continues before Justice Edward Muston.

Analysis

Why This Matters

The outcome of this legal challenge could derail multiple murder and conspiracy trials, including the killings of father-and-son Toufik and Salim Hamze and an alleged plot to murder a gangland rival.
The case raises serious questions about the legality of police and security contractor actions across international borders, potentially setting a precedent for future deportations and extraditions.
If the stay is granted, other individuals returned under similar circumstances may also have their prosecutions affected.

Background

Masood Zakaria is an alleged senior figure in the Alameddine crime family, which has been embroiled in a violent underworld feud in Sydney. He fled Australia reportedly by fishing boat after a warrant was issued for his arrest over an alleged murder plot. Without an extradition treaty between Australia and Turkey, law enforcement sought alternative methods to secure his return. The AFP has operated a command in Ankara and has used Hart International for security services for over 25 years.

Key Perspectives

Zakaria's legal team: They argue the AFP facilitated an illegal deportation, constituting an abuse of process. Barrister Murugan Thangaraj, SC, said: "The AFP normally investigates sham payments, but here it's engaged in one for its own benefit." They seek a permanent stay of all proceedings. AFP: The agency maintains its actions were lawful. AFP Commissioner Krissy Barrett and predecessor Reece Kershaw have been subpoenaed to give evidence. NSW Police: Several senior investigators raised concerns about the AFP's approach. Detective Chief Inspector Glyn Baker told the court: "I didn't understand what [the AFP] were seeking to do."

What to Watch

Justice Edward Muston's ruling on the stay application, expected after the hearing concludes.
Whether the AFP commissioner's testimony reveals further details about authorisation of the operation.
Potential appeals or further legal challenges from other individuals deported under similar arrangements.

Sources

Sydney underworld kingpin ‘blacklisted’ before alleged kidnapping, court told · WA Today - Latest News
Sydney underworld kingpin ‘blacklisted’ before alleged kidnapping, court told · The Age - Latest News
Sydney underworld kingpin ‘blacklisted’ before alleged kidnapping, court told · Brisbane Times - Latest News
Sydney underworld kingpin ‘blacklisted’ before alleged kidnapping, court told · Sydney Morning Herald - Latest News

Checked

12 claims in this story checked against 1 source: 12 supported.

Show each claim

SupportedThe AFP urged Turkish authorities to deport Masood Zakaria before his arrest.WA Today - Latest News: “Australian Federal Police officers encouraged Turkish authorities to deport wanted underworld fugitive Masood Zakaria weeks before local authorities arrested the alleged fugitive at a seaside villa, a court has heard.”
SupportedZakaria’s lawyers seek to have murder charges thrown out over his allegedly illegal deportation.WA Today - Latest News: “Zakaria this week launched a highly anticipated challenge in the NSW Supreme Court to have murder charges against him thrown out, arguing that his return to Australia was unlawful and constituted an abuse of process.”
SupportedZakaria was arrested at a seaside villa weeks after the AFP encouraged his deportation.WA Today - Latest News: “Australian Federal Police officers encouraged Turkish authorities to deport wanted underworld fugitive Masood Zakaria weeks before local authorities arrested the alleged fugitive at a seaside villa, a court has heard.”
SupportedA late-2022 email from then-AFP detective sergeant Scott Murphy was read to the court on Wednesday.WA Today - Latest News: “In an email sent in late 2022 and read in court on Wednesday, then-AFP detective sergeant Scott Murphy told NSW Police investigators”
SupportedMurphy proposed five ways to remove Zakaria from Turkey, four involving deportation.WA Today - Latest News: “Murphy, who was based in the AFP’s Ankara command, proposed five options to have Zakaria removed from Turkey, four of which involved his deportation.”
SupportedMurphy told NSW Police investigators the AFP would work with Turkish National Police to remove Zakaria from Turkey.WA Today - Latest News: “Scott Murphy told NSW Police investigators – whom he called “Zakaria chasers” – that the agency would engage with the Turkish National Police to have Zakaria”
SupportedAt the time, NSW Police were exploring extradition, and Australia has no extradition treaty with Turkey.WA Today - Latest News: “At the time of the email, NSW Police had been exploring the possibility of extraditing Zakaria from Turkey, with which Australia does not have an extradition treaty.”
SupportedTurkish authorities arrested Zakaria in January 2023, about a month after the email.WA Today - Latest News: “A month later, in January 2023, Turkish organised crime investigators arrested Zakaria alongside other Australians and foreign nationals accused of committing crimes in their home countries.”
SupportedZakaria, aged 31, was returned to Australia in December 2023; his lawyers say the AFP chartered an Airbus A319 for more than $1 million.WA Today - Latest News: “Zakaria, 31, was returned to Australia after the AFP, his lawyers say, chartered an Airbus A319 for more than $1 million.”
SupportedSix ex-military contractors from Hart International flew to Australia with Zakaria after Turkish law enforcement escorted him onto a plane.WA Today - Latest News: “A team of six ex-military contractors working for Hart International, a multinational security and risk management firm, flew to Australia with Zakaria after he was escorted onto a plane by heavily armed Turkish law enforcement officials.”
SupportedHart International Australia’s chief executive said its personnel did not restrain passengers, then was shown images appearing to show restraints on Zakaria’s wrists.WA Today - Latest News: “Under cross-examination, Hart International Australia’s chief executive said the company’s personnel did not restrain passengers, before being shown images appearing to show Zakaria wearing plastic restraints around his wrists.”
SupportedZakaria’s lawyers subpoenaed AFP Commissioner Krissy Barrett and former commissioner Reece Kershaw to give evidence; the AFP says its actions were lawful, and the hearing continues before Justice Edward Muston.WA Today - Latest News: “Zakaria’s lawyers have cross-examined some of NSW Police’s most senior organised crime investigators, and have subpoenaed AFP Commissioner Krissy Barrett and her predecessor, Reece Kershaw, to give evidence in court. The AFP maintains its actions were lawful. The hearing before Justice Edward Muston continues.”