How deportation of alleged crime boss turned sour

He was arrested by local authorities after the Australian Federal Police notified them he had been charged with a number of offences, including conspiracy to commit murder and directing a criminal group. 

Zakaria was deported from Turkey in December 2023 after Australian authorities forwarded his passport to assist with the process. 

After he touched down, the man dubbed one of the country's most wanted criminals was also charged with the murders of Toufik and Salim Hamze. 

The father and son were fatally gunned down in Guildford, in Sydney's west, in October 2021 amid a spate of public gangland murders.

Zakaria was set to face a double murder trial this year but successfully argued for a reprieve over claims he was illegally deported. 

His lawyers claim there was an abuse of process because he was ushered out of Turkey while still waiting for the outcome of his appeal against the deportation decision. 

There is credible prima facie evidence that Zakaria's deportation was unlawful according to Turkish laws, NSW Supreme Court Justice Mark Ierace determined in a judgment.

But material tendered to the court showed the AFP had been informed the deportation was legal, he noted.

"I am not satisfied to the same standard that the Australian authorities knew that Mr Zakaria's deportation was unlawful according to Turkish law," the judge wrote. 

"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 … a vacating of the trial date in respect of Mr Zakaria is unavoidable."

The alleged crime boss will return to court in October to prepare an argument for a permanent stay of the proceedings may see him walk free. 

If the application is successful, it could have ramifications for the legal proceedings of a number of accused criminals deported to Australia. 

Zakaria remains in custody.