Bassam Hamzy’s trial date in jeopardy due to Covid-19, no barrister

A witness due to give evidence against Brothers 4 Life founder Bassam Hamzy has top secret links to him, a court has heard.

Bassam Hamzy’s trial date has been thrown into jeopardy by Covid-19 and other problems, a court has heard.

The upcoming trial of Bassam Hamzy, charged with running a drug ring from his Goulburn Supermax cell, has been thrown into jeopardy by Sydney’s Covid-19 outbreak and the notorious prisoner’s inability to find a barrister.

The 42-year-old Brothers 4 Life founder and his former lawyer Martin Churchill are meant to face trial on August 16 over the alleged supply of a commercial quantity of methylamphetamine between October 2017 and February 2018.

But Downing Centre District Court heard on Monday morning it may not proceed, with jury trials suspended as the coronavirus spreads across the city.

As well, the court heard, Hamzy has not been able to secure a barrister despite his lawyers approaching “a number” of people.

Even if he can find a barrister, his solicitor Mohammad Khan said, it can take “weeks” for paperwork permitting a lawyer to speak to an inmate in maximum security to clear.

The Brothers 4 Life founder has been charged with running a drug ring from his Goulburn Supermax cell.

These and other problems came to light as Judge James Bennett ruled a crucial witness could give evidence over video link, despite objections from both accused men.

Mr Churchill’s barrister Dennis Stewart said the man, who can only be identified as Witness A, should come to court to give the jury “the benefit” of assessing his demeanour and credibility in person.

Mr Khan said Witness A was a “crucial” and “important” part of the case who would be cross-examined on his relationship to the police and whether he had received any benefits for his statements.

“My understanding is the issue is not Covid-19 but really the safety of Witness A,” Mr Khan said.

A top secret affidavit laid out Witness A’s connection to Hamzy, the “circumstances in which he is presently held” and the “extraordinary arrangements” that would be needed to bring him to the Downing Centre, Judge Bennett said.

Mr Khan argued he and Hamzy should be able to look at the document, with an undertaking they not disclose it.

But the ask was rejected by Judge Bennett who ordered the confidential affidavit be sealed and opened only by him, any appeal judges, and the relevant crown lawyers.

He ruled Witness A could give testimony remotely from an undisclosed location when the trial occurs.

“The witness to be called in the crown case is someone who is at significant risk by reason of the course he is expected to take in this trial,” the judge said.

Scheduling difficulties, a possible application for the two men to be tried separately and a pending Supreme Court judgment about relevant documents were also among the issues raised at Monday’s hearing.

Judge Bennett said there “may be challenges” with the proposed date of August 16 but it if is possible, the trial should start.

He queried if either accused supported a judge-alone trial — which can be conducted more easily in lockdown — but both indicated they wanted a jury.

The judge warned Mr Khan to “get everything in order” lest the solicitor end up running Hamzy’s trial himself.

The matter will return to court on Friday.

Originally published as Bassam Hamzy’s trial date in jeopardy due to Covid-19, no barrister