Australian authorities received legal advice cautioning them against encouraging the Turkish government to deport alleged gangster Masood Zakaria, as doing so could jeopardize his ongoing murder trial in Sydney, a New South Wales Supreme Court hearing was told on Friday.

Zakaria, 31, is contesting a murder charge related to the deaths of Toufik and Salim Hamzy, a father and son who were fatally shot outside their Guildford home in 2021. He is seeking to have the charge permanently stayed, arguing that his deportation from Turkey in 2023 was unlawful. Zakaria claims he was effectively kidnapped by mercenaries funded by the Australian Federal Police (AFP) during his removal from Turkey.

During the court proceedings, AFP Detective Sergeant Scott Murphy faced questioning from defence counsel Murugan Thangaraj SC over an email exchange with a New South Wales police officer. The defence sought to clarify whether Murphy had offered to “push” Turkish authorities to deport Zakaria. Murphy denied any unlawful conduct, explaining that the term referred to sharing intelligence concerning Zakaria’s alleged use of false passports and breaches of immigration laws with Turkish National Police. The detective was protected by a “128 certificate,” which shields witnesses from prosecution based on their court testimony.

The court reviewed confidential legal advice from the Attorney-General’s Department regarding the risks connected to deportations undertaken outside formal extradition procedures. The advice warned that circumventing official extradition processes by orchestrating what was described as a “stealth deportation” could lead to Australian courts dismissing related criminal proceedings.

Evidence presented also revealed that in October 2022, Murphy outlined several tactical options to New South Wales police for securing Zakaria’s return. These included submitting a formal red notice and extradition request, as well as a strategy to have Zakaria detained on immigration grounds and deported for character reasons.

The hearing is set to resume on Monday as the court continues to examine the circumstances surrounding Zakaria’s deportation and the implications for the murder case.