Ali Hamzeh charged with assault with intent to rob

The brother and son of two men gunned down in their own driveway in Sydney’s enduring gangland war has sought bail over a “strange” alleged assault and attempted robbery.

The brother and son of two men gunned down in their own driveway has appeared in court charged with assault with intent to rob. Picture: NCA NewsWire / Nikki Short

The brother and son of two men gunned down in their western Sydney driveway during the city’s enduring gangland wars will remain behind bars after he was charged over a “strange” alleged assault.

Ali Hamzeh – whose father Toufik and brother Salim were shot and killed in their Guildford driveway in October 2021 – has been in prison on remand since April 2023 after he was charged with assault with intent to rob and assault causing actual bodily harm.

In documents tendered to Downing Centre Local Court, police allege Hamzeh assaulted one man with the intention of stealing money from him, and assaulted another man causing him actual bodily harm between 9.45pm and 10.15pm on April 27 in Rockdale.

On Tuesday, the court heard Hamzeh was on parole for other “serious offences” when the incident allegedly occurred.

Hamzeh’s solicitor Mr Jamal applied for his bail as the court heard the charge was proceeding in the local court, before the Office of the Director of Public Prosecutions elected to proceed against him in the District Court.

The change has resulted in a delay of some months.

“There is weakening of the prosecution case when one has regard to the full brief as opposed to just the police (alleged) fact sheet,” Mr Jamal said in his argument as to why Hamzeh’s ongoing detention was not justified.

Ali Hamzeh’s father Toufik (left) and brother Salim (right) were both gunned down in their family’s Guildford driveway in October 2021.

Mr Jamal said Hamzeh was also in segregation in custody due to concerns for his safety and welfare linked to the earlier execution of Hamzeh’s father and brother.

Hamzeh is not accused of any wrongdoing in relation to their deaths.

“There are fears and concerns about attempts on his life for things he ultimately has nothing to do with,” Mr Jamal said.

“Over the last 16 or 17 days, he has spent three or four hours outside of his relatively small cell and every day he spends in custody is significantly more onerous than any other person would ordinarily face while in custody.”

The court heard Hamzeh has the support of his mother and wife, who could supervise him if he was to be released on bail.

A solicitor for the DPP acknowledged the allegation as a “strange set of circumstances” but still serious and opposed bail due to the potential risk of Hamzeh committing further serious offences.

A court heard Ali Hamzeh is in segregation in prison after his brother Salim was murdered.

Magistrate John Arms also described the allegation as “strange” and “unusual”.

“It’s a strange set of circumstances in relation to the (alleged) robbery, but I note that assault still attracts five years (as a maximum potential term of imprisonment),” Mr Arms said.

“He was on parole at the time for very serious offences, and released some months before – it’s still likely if convicted, having regard to his history, he will receive a custodial sentence.”

Mr Arms acknowledged the submissions the brief may weaken the prosecution case and the substantial delay but said cause had not been shown why Hamzeh’s detention was not justified.

Hamzeh’s bail was refused and he will return to court for charge certification on February 15.