Australia’s Federal Police Commissioner Krissy Barrett and eight of her officers have applied for immunity from prosecution in connection with the controversial detention and repatriation of alleged gangster Masood Zakaria. The group seeks protection from legal action related to more than 30 potential offences before giving evidence in proceedings concerning Zakaria’s alleged abduction in Turkey.
Zakaria, 31, is a suspected senior member of the Alameddine crime family and faces murder charges in New South Wales, including the 2021 shootings of father and son Toufik and Salim Hamze, as well as conspiracy to kill underworld figure Ibrahem Hamze. He has challenged these charges on the grounds that his removal from Turkey in 2023 was illegal, claiming he was kidnapped by mercenaries hired by the Australian Federal Police (AFP), returned to Australia unlawfully, and transferred to New South Wales Police without proper legal process. Hearings on the murder and conspiracy allegations have been postponed pending the outcome of his application for a permanent stay of prosecution.
The AFP’s request for immunity covers conduct relating to internal communications, interactions with Turkish officials, any payments or arrangements involving the private mercenary firm Hart International and charter company Skytraders, as well as actions taken to restrain Zakaria during his transport. In a nine-page submission, the AFP argues that evidence regarding these matters could potentially suggest the officers committed offences under Australian or foreign law, or expose them to civil penalties. The application seeks to guard against any implication of wrongdoing in connection with the unusual operation.
The AFP has also secured non-publication orders restricting the disclosure of much of the evidence its personnel may provide about dealings with Turkish authorities before and during Zakaria’s repatriation. While there has been no public allegation that AFP officers broke the law, the immunity bid reflects concerns that their testimony could infer unlawful conduct.
Legal efforts by media to access the full list of alleged offences from which immunity is sought were successful this week after a challenge at the New South Wales Supreme Court. Justice Edward Muston allowed publication of the document despite attempts by the AFP to block it.
Zakaria became a “High Priority Target” after fleeing Australia in 2021, just days ahead of an anticipated arrest related to his alleged links to organised crime. The NSW Director of Public Prosecutions recently conceded in court that Zakaria’s deportation from Turkey was carried out before his legal appeals had been exhausted, raising questions about the legality of his return and subsequent prosecution.
This case has sparked scrutiny of the AFP’s cross-border tactics and the use of private contractors in high-risk law enforcement operations, with potential ramifications for national and international policing protocols.