Ex bikie who gave ‘secret’ evidence now in danger of being killed

A former Rebels bikie forced into hiding is taking legal action after his “secret” evidence was leaked and he has been threatened by a member of the “ruthless and organised” Sultanis.

EXCLUSIVE: A former Rebels bikie who gave supposedly “secret” evidence to the NSW Crime Commission is now in danger of being killed in a gang hit after details of his co-operation were leaked to underworld figures, court documents allege.

The ex-bikie – given the pseudonym John Smith – only discovered what had happened when a NSW police officer who became aware of the secrecy breach rang to warn him, according to a statement of claim filed in the NSW Supreme Court.

Rebels bikies. Picture: Supplied.

Mr Smith was compelled by summons to appear before the Commission. The penalty for not appearing is two years jail.

But within weeks of the leak, Mr Smith started receiving threatening WhatsApp messages from a member of the Sultani gang known for its vicious gang executions.

Abuzar Sultani has admitted to involvement in five killings. Picture: Channel 7

The Sultani gang – also known as the Afghans or the Murder Crew 13 – has been described by Judge Peter Whitford as sophisticated, ruthless and organised.

One-time leader Abuzar Sultani has admitted to being involved in five killings, including that of Pasquale Barbaro during a reign of terror in Sydney.

The messages sent to Mr Smith after the leak included one with photo attached showing a CD titled “Smithy dog interview”. Others threatened his life and those of his family.

Then Mr Smith was later ambushed in a carpark and beaten so badly by four men he was hospitalised.

The Smiths are now in hiding, with no protection, unable to work because it would disclose their location, according to their lawyer Zali Burrows.

“For what has happened my client deserves no less than a $1 billion,” Ms Burrows said.

Lawyer Zali Burrows is acting for the Smith family. Picture: Sam Ruttyn

The office of the NSW DPP Sally Dowling SC is named as a defendant in the writ. Picture: Supplied

Mr Smith and his wife have launched a civil claim against the Crime Commission, the office of the NSW DPP and a lawyer for a Sultani associate, arguing because of the disclosures, the lives of the Smith’s and those of their children will never be safe again.

It is argued that this never would have happened if the Crime Commission had honoured its commitment that in return for Smith’s full co-operation, the Commission “would not disclose to anybody not present at the Hearing – anything that Smith said at that Hearing” – or the fact that he had appeared.

Trouble began with an extraordinary chain of events.

The “protected” transcript of the Commission hearing with the ex-bikie was uploaded to a USB stick and distributed to a police officer, the office of the NSW Director of Public Prosecutions (DPP), and later given to a defence lawyer acting for a Sultani gang member.

It is alleged the lawyer then disclosed to members of the Sultani gang or their associates that the former bikie had given information about them to the Commission.

The NSW DPP had requested information from the Crime Commission for the prosecution of Mirwais Danishyar, a Sultani associate and the getaway driver who had already been jailed for his role in the underworld killing of Pasquale Barbaro.

Mirwais Danishyar was an associate of the Sultani gang. Picture: Supplied

Danishyar had been sentenced to 15 years in prison after being found guilty of being an accessory to the murder of the mafia figure and last year launched an appeal against the severity of his sentence.

It is alleged in the statement that the Commission was negligent in allowing the information to be uploaded in the first place and sent to the DPP, the NSW police officer who alerted Mr Smith and to the defence lawyer.

It is also alleged in the statement of claim that after receiving the USB the defence lawyer accessed the data and read enough of the transcript to make them aware of the secrecy direction that Mr Smith had appeared before the Commission and read some of the evidence.

It is alleged in the court documents the defence lawyer then disclosed “at least some of the evidence” to their client and or disclosed it to individuals associated with the Sultani Gang.

The court documents state “the DPP (and officers) was aware of the violent criminal propensities of the Sultani Gang … that the data contained on the USBs related to the activities of the Sultani Gang.”

Members of the Sultani gang were once members of the Rebels. Picture: Supplied

It is alleged that the upload of the data to a USB was “so unreasonable that no authority … could properly consider the File Upload to be a reasonable exercise of their functions.”

Mr Smith’s lawyers had previously opposed the release of any information about his evidence or appearance at the Crime Commission, warning if it were to be wrongly disclosed Mr Smith and his family would be the target of a gang “hit”, the family would be placed in extreme danger, and Smith could be murdered.

The Office of the DPP has declined to comment while the matter is before the court, while a spokeswoman for the Crime Commission said “it does not accept all of the allegations made by Mr and Mrs Smith but as the matter is before the courts, it is not appropriate to comment further at this stage.”