Ali Elmoubayed, Samimjan Azari face court after alleged Westfield brawl

A magistrate has questioned why a western Sydney bricklayer was subject to electronic monitoring after he was allegedly involved in a wild brawl at a Westfield shopping centre last year.

Ali Elmoubayed during his arrest. Photo: Jeremy Piper

A magistrate has questioned why a western Sydney bricklayer was subject to electronic monitoring after he was allegedly involved in a wild brawl at Westfield in Pitt Street Mall.

Magistrate Michael Barko appeared to be initially perplexed to discover Ali Elmoubayed, 30, was subject to electronic monitoring over an alleged brawl until he reviewed his co-accuseds’ names in court documents.

Police allege Elmoubayed, his brother Khaled, and associates Azari and Ahmed Alameddine came to blows with former associates and cousins Mohammad and Zane Zreika in a bust-up at the mall on June 21.

“There you go, that’s why … I see the charges and the [names on] the charges,” Mr Barko said.

A court previously heard Elmoubayed – and indeed the two Alameddines themselves – deny any allegations they are involved with the notorious Alameddine organised crime network.

Elmoubayed appeared at Downing Centre Local Court on Tuesday alongside Samimjan Azari, 25, where their lawyer Jessica Fahmy sought a bail variation to remove both of their electronic monitoring bracelets.

Ali Elmoubayed

and Samimjan Azari leaving Downing Centre Local Court on Tuesday.

Court documents state Elmoubayed and Azari allegedly used unlawful violence towards the Zreika cousins between 12.37pm and 1pm on June 21.

Elmoubayed is also alleged to have assaulted Zane during the same period, while Azari is accused of assaulting Mohammed.

The pair are yet to plead to affray and assault charges, although Ms Fahmy indicated they were expected to enter pleas on the next occasion.

Ms Fahmy told the court the proposed bail variation, which also included reducing Elmoubayed’s reporting to three times a week, was not opposed by the prosecution.

It prompted Mr Barko to question: “why would anyone with affray or common assault [charges] have electronic monitoring?”

The prosecutor agreed, saying “that is why it is by consent”.

Samimjan Azari during his arrest. Picture: Jeremy Piper

She also told the court there had been “substantial negotiations” between the two parties.

Ms Fahmy made the same application to remove Azari’s electronic monitoring, and both variations were granted by the magistrate.

Mr Barko asked whether the pair were “bikies” and Ms Fahmy firmly rejected that characterisation.

Elmoubayed and Azari’s electronic monitoring conditions were removed and the pair will only be required to report to police on Monday, Wednesday and Friday each week.

The matters will return to Downing Centre Local Court for pleas on February 29.