Bail for Comancheros bikie boss Mick Hawi unsafe, court hears

MICK Hawi remains an “active member” of the Comancheros bikie gang and could pose a safety risk to witnesses, a court heard.

MICK Hawi remains an “active member” of the Comancheros bikie gang and could pose a safety risk to witnesses in his fresh murder trial, a court heard yesterday.

But Bret Walker, SC, the barrister for the jailed bikie boss, said it was “fair and proper” for Hawi to be granted conditional bail under amendments to the Bail Act.

The president of the Sydney chapter of the outlaw gang was last month granted a retrial on charges relating to the death of Anthony Zervas during a brawl at Sydney Airport in March 2009.

Mr Walker told the Supreme Court during the application that the revised Act — which came into effect last month and now considers whether someone is an “unacceptable risk” to the community — “places us on the right side” of receiving bail.

A jury in late 2011 found that Hawi had stabbed and bashed Mr Zervas — the brother of Hells Angel member Peter Zervas — during a brawl between the two gangs in the domestic terminal.

A three-judge panel of the Court of Criminal Appeal was split in its decision, but it was ultimately determined that Hawi should again stand trial.

In its reasons, the appeal court said the jury should have been instructed to consider returning a verdict to manslaughter, on a provocation defence.

The court heard it is unlikely Hawi would stand trial again until next year.

Justice Ian Harrison was told Hawi had “strong community ties” and could offer his home, where his wife and family live, as surety.

The Crown opposed bail, saying Hawi’s “community ties didn’t prevent this event from happening (in 2009)” and that he “remains an active member” of the gang which has “involvement in criminal activity”.

The Sydney courtroom was packed with members of Hawi’s family, while he watched proceedings on a video screen from inside Lithgow jail.

Justice Harrison will give his judgment and reasons in the Supreme Court on Monday afternoon.