Kidnapping ringleader Kodar Faytrouni and accomplice Abud Elkerdi face sentence hearing for Guildford abduction

The ringleader of a group that abducted his brother-in-law over an “extremely frightening” 135 minutes has a mild intellectual disability but still knew the kidnapping was wrong, a court has heard.

The barrister of a kidnapping kingpin that captured his brother-in-law because he disputed his marriage to his sister should be allowed to serve his sentence outside prison, his barrister has told a court.

Kodar Faytrouni, 29, faced Sydney District Court with co-offender Abud Elkerdi, 39, on Monday when they were due to be sentenced for the wild kidnapping of Younis Younis in January 2023.

Faytrouni recruited Elkerdi, Ali Hamad and Safwan Hussein who drove 900km from Melbourne to Guildford in Sydney’s west where they captured the victim because Faytrouni believed his marriage to his sister was a ploy to enable him to secure a visa so he could stay in Australia.

They drove Mr Younis to his mother-in-law’s home at Guildford Rd before bundling him up in a BMW, placing him in a headlock and yelling at him in Arabic while filming the shocking crime on Hamad’s phone.

The victim’s nightmare only ended when police busted them at Chetwynd Rd in Guildford.

Kidnapper Kodar Faytrouni was the ringleader of the wild abduction of Younis Younis.

Faytrouni was captured carrying out the January 11, 2023, kidnapping on video.

The court heard Faytrouni was also motivated by cultural beliefs after the pair broke an Islamic law because they failed to seek permission from their families to wed.

Last year the four pleaded guilty to charges of taking or detaining a person in company.

Abud Elkerdi last year before he pleaded guilty to the kidnapping.

During evidence, psychologist Ann-Marie De Santa Brigida said Faytrouni would struggle to read or write but his intellect was not so diminished that he did not know his offence was wrong.

Judge Stephen Hanley said: “He’s clearly capable of organising and planning, putting together a team of other vigilantes to travel along,” he said.

When Faytrouni’s barrister Ahmad Moutasallem said he suffered profound abuse and trauma growing up that contributed to his offending, the judge said: “So what are we supposed to do – let them vent their anger on innocent people?’’

The court heard Elkerdi had a less major role in the kidnapping.

Kidnapper Abud Elkerdi after the court case.

Ms De Santa Brigida described his intellectual disability as significant after the court heard his wife looked after his daily needs, including his diabetes management.

The court heard another psychologist diagnosed him with paranoid schizophrenia.

Ms De Santa Brigida said Elkerdi “had one of the most difficult levels of trauma that I’ve ever seen, particularly physical trauma”.

When questioned by the judge and Crown prosecutor Danny Boyle if there was a connection between his offending and intellect, she said: “What impressed me is he would be more a follower than a leader.

“It’s my assessment that he is very, very easily led and because of that probably doesn’t have the capacity to the equivalent of someone else who can stand up to himself and say ‘this is what I want’.

“He couldn’t convince me he truly knew why he was going along.”

Faytrouni was also described as a “chronically angry”, which was common for someone suffering trauma.

Abud Elkerdi returns to court in May to learn his fate for the kidnapping.

Mr Moutasallem asked the judge to consider an intensive correction order for his client – instead of being jailed – like Hussein did when he was sentenced in early April.

The court heard Faytrouni had two violent offences on his criminal record including assault when he was 19.

Elkerdi’s offences include recklessly causing injury.

Crown prosecutor Danny Boyle told the court the kidnapping – which Hamad filmed on his mobile phone – only came to a halt when police intercepted the men.

“It was planned and organised … and there was ample opportunity for each of the accused to withdraw or dissent from what was happening,’’ he said.

“However, they maintained their commitment to what was happening.

“Even though there’s not a victim impact statement, it would have been extremely frightening for the victim … the yelling and the assault on him, he was obviously very distressed.’'

Judge Hanley adjourned sentencing for Faytrouni and Elkerdi to May 27.

Faytrouni’s father Imad pleaded not guilty to taking or detaining a person in company with intent to obtain advantage and is due to stand trial.