Crown concedes Zakaria deportation was illegal under Turkish law

AFP accused of facilitating 'kidnapping' of alleged gangland kingpin Masood Zakaria

By LineZotpaper

Published22 October 2026

Read Time2 min

Sources3 outlets

The New South Wales Crown has conceded that the 2023 deportation of alleged organised crime figure Masood Zakaria from Turkey was illegal under Turkish law, providing a significant boost to his unprecedented legal bid to have serious charges, including murder, permanently thrown out.

The 31-year-old was returned to Australia in December 2023 on a chartered Airbus A319, an operation his legal team claims cost the Australian Federal Police over $1 million. He was escorted by six ex-military contractors from the security firm Hart International and is currently held in Goulburn Supermax prison.

The NSW Supreme Court on Thursday heard that Zakaria’s forced removal was not permitted under Turkish law because he had a pending appeal against Turkey’s initial deportation order at the time of his arrest at a seaside villa.

Zakaria is an alleged high-ranking member of Sydney’s Alameddine crime family. His lawyers have accused the AFP of orchestrating an illegal deportation akin to a kidnapping. They are seeking a permanent stay of proceedings, which, if successful, would mean the charges against him are not prosecuted. These charges include the murders of father and son Toufik Hamze, 64, and Salim Hamze, 18, as well as a conspiracy to murder gangland rival Ibrahem Hamze during a deadly underworld feud in 2021.

The court heard that in late 2022, then-AFP detective sergeant Scott Murphy communicated with NSW Police investigators, whom he referred to as Zakaria chasers, stating the agency would engage with Turkish authorities to have Zakaria blacklisted and removed from the country. The AFP maintains its actions were lawful.

The concession from prosecutors regarding the illegality of the deportation is a central focus of the legal challenge. Prosecutors have flagged that an expert in Turkish law will be called to give evidence.

The case is expected to run for two weeks and will hear from some of the country’s most senior organised crime investigators. Justice Edward Muston will preside over the hearing. The outcome of Zakaria’s application has cast doubt on the prosecutions of several other high-value individuals returned to Australia in similar circumstances.

Analysis

Why This Matters

A successful application by Zakaria would set a significant legal precedent, potentially derailing the prosecutions of other high-value targets returned to Australia under similar circumstances.
The case raises fundamental questions about the limits of international police cooperation and the rule of law, specifically whether evidence obtained through an unlawful deportation can be used in Australian courts.

Background

The case stems from a violent gangland feud in Sydney that claimed multiple lives, including the targeted murders of the Hamze family members. Masood Zakaria is alleged to be a high-ranking figure in the Alameddine crime family. His arrest in Turkey and subsequent return to Australia in December 2023 were initially hailed as major victories for law enforcement, but the method of his deportation is now facing intense legal scrutiny.

Key Perspectives

Masood Zakaria’s legal team: Argues the deportation was an illegal kidnapping orchestrated by the AFP. They are seeking a permanent stay of proceedings, asserting that the state cannot benefit from its own unlawful conduct. The Crown / Prosecution: Has conceded the deportation was illegal under Turkish law but maintains the AFP’s actions were lawful. They are continuing the prosecution and will call an expert on Turkish law to address the matter. The Australian Federal Police: Maintains its actions were lawful, despite the email evidence suggesting a concerted effort to have Zakaria blacklisted and removed. The agency faces serious reputational risk.

What to Watch

The testimony of the Turkish law expert, which could be central to resolving the legality dispute.
Justice Muston’s ruling on whether the actions of the AFP amount to an abuse of process warranting a permanent stay.
The impact of this case on other individuals currently in legal limbo after being returned to Australia under similar deportation arrangements.

Sources

Crown admits deportation of Sydney underworld figure was illegal · Brisbane Times - Latest News
Crown admits deportation of Sydney underworld figure was illegal · WA Today - Latest News
Crown admits deportation of Sydney underworld figure was illegal · Sydney Morning Herald - Latest News

Checked

9 claims in this story checked against 1 source: 7 supported.

Show each claim

SupportedThe NSW Crown conceded that Zakaria’s deportation from Turkey was illegal under Turkish law.Brisbane Times - Latest News: “Sydney underworld figure Masood Zakaria’s deportation from Turkey was illegal, prosecutors have conceded.”
SupportedThe concession is a significant factor in Zakaria’s bid to have serious charges, including murder, thrown out.Brisbane Times - Latest News: “The concession looms as a significant factor in the alleged kingpin’s unprecedented legal challenge to have a raft of serious charges, including murder, thrown out.”
SupportedZakaria’s lawyers accused the AFP of facilitating an illegal deportation akin to a kidnapping.Brisbane Times - Latest News: “Zakaria’s legal team is seeking a permanent stay of proceedings against him after alleging the Australian Federal Police facilitated his illegal deportation from Turkey in a recovery operation akin to a “kidnapping”.”
Partly supportedZakaria had a pending appeal against Turkey’s deportation decision when he was arrested at a seaside villa.Brisbane Times - Latest News: “The NSW Supreme Court heard on Thursday morning that the 31-year-old’s forced removal in late 2023 was not permitted under Turkish law because of his pending appeal against the country’s decision to deport him. He was arrested at a seaside villa earlier that year.”
SupportedZakaria was returned to Australia in December 2023 on a chartered Airbus A319 that his lawyers say cost the AFP more than $1 million.Brisbane Times - Latest News: “Zakaria was returned to Australia in December 2023 onboard a chartered Airbus A319 his lawyers claim cost the AFP more than $1 million.”
SupportedSix ex-military contractors working for Hart International escorted Zakaria back to Australia.Brisbane Times - Latest News: “A team of six ex-military contractors working for Hart International, a multinational security and risk management firm, escorted him back to Australia.”
SupportedZakaria’s lawyers are seeking a permanent stay, which would mean the charges against him are not prosecuted if granted.Brisbane Times - Latest News: “If their application is successful, the charges against Zakaria, including for the murders of father and son Toufik Hamze, 64, and Salim Hamze, 18, and a conspiracy to murder gangland rival Ibrahem Hamze at the height of an underworld feud in 2021, will not be prosecuted.”
SupportedIn late 2022, AFP detective sergeant Scott Murphy told NSW Police investigators he would engage Turkish authorities to have Zakaria blacklisted and removed from the country.Brisbane Times - Latest News: “In an email sent in late 2022 and read in court, then-AFP detective sergeant Scott Murphy told NSW Police investigators – whom he called “Zakaria chasers” – that the agency would engage with the Turkish National Police to have Zakaria “blacklisted” and removed from the country”
Partly supportedZakaria’s application has cast doubt on prosecutions of several other high-value individuals returned to Australia in similar circumstances.Brisbane Times - Latest News: “Zakaria’s application has cast doubt on the prosecutions of several other individuals wanted by Australian authorities and returned to the country in similar circumstances. The individuals, who cannot legally be identified, were among the highest value targets for law enforcement agencies at the time of their deportations.”