A Supreme Court judge has determined there is credible evidence suggesting that Masood Zakaria, an alleged crime boss, was illegally deported back to Australia to face serious charges. Zakaria, 30, is accused of involvement in two gangland murders, conspiracy to murder, and drug offenses. He reportedly fled to Türkiye in December 2021 after police issued an arrest warrant against him.

Following an Interpol blue notice, Zakaria was apprehended and returned to Sydney by the Australian Federal Police (AFP) in January 2023. Unlike an Interpol red notice, which seeks the arrest of a suspect, a blue notice is issued to gather information about a person's location. At the time of his return, Zakaria was considered one of Australia's most-wanted fugitives.

Zakaria contends that his return to Australia was unlawful, as he was still awaiting an appeal regarding his deportation from Türkiye. He is seeking a permanent stay of his charges, claiming that the AFP's actions constituted an "abuse of process."

The charges against him are linked to the double shooting of teenage gangster Salim Hamze and his father, Toufik Hamze, as well as a failed assassination attempt on Ibrahem Hamze. Salim and Toufik Hamze were shot dead in broad daylight outside their Guildford home on October 20, 2021. The assassination attempt on Ibrahem occurred in North Sydney in August 2021, when two gunmen fled from police after being spotted in a no-parking zone outside his residence.

Police allege that Zakaria was a senior member of the Alameddine crime family, which was embroiled in a feud with the Hamze family at the time. Both families are believed to operate organized crime networks in Western Sydney.

In a ruling issued last week, Supreme Court Justice Mark Ierace stated there was "credible prima facie evidence" of an abuse of process in Zakaria's deportation. However, he noted that there was insufficient evidence to determine whether the AFP was aware that their actions were unlawful.

Justice Ierace remarked, "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 and the time that process is taking, a vacating of the trial date in respect of Mr. Zakaria is unavoidable."

The trial, originally scheduled for later this year, has been temporarily postponed. Additional hearings regarding the potential permanent vacating of the case are set to occur next month.