Comanchero bikie boss Tarek Zahed claims cops have ‘no case’ against him on 2014 murder charges

Comanchero bikie boss Tarek Zahed has been behind bars on remand since last August when he was arrested in dramatic fashion in Sydney — and his lawyers say it’s time to release him.

Brothers Omar (left) and Tarek Zahed were members of the Comanchero OMCG and were both shot at a gym in Auburn. Omar died.

Lawyers for ex-bikie boss and gangland shooting survivor Tarek Zahed say their client should be allowed to walk free on murder charges after the Office of Director of Public Prosecutions told a court it has no case against the former Comanchero.

The 42-year-old bikie has been behind bars on remand since last August when he was arrested in dramatic fashion on New South Head Rd, Edgecliff, and charged with the 2014 murder of Youssef Assoum.

Since then the case against Zahed has been the subject of tight suppression orders and closed court hearings preventing it from being made public.

The Daily Telegraph can now reveal some of the details of those earlier court hearings after Zahed’s lawyers appealed to the NSW Supreme Court to have the proceedings against him expedited because he had been in custody for six months without being committed for trial.

Zahed’s barrister Peter Lange told the Supreme Court that in a closed court session of the Local Court, the DPP had admitted they had “no case” and as such he believed his client should walk free until they do.

Lawyers for Tarek Zahed say their client should be allowed to “walk free” on murder charges. Picture: NCA NewsWire

“Importantly, there is a concession by the Crown there is presently no case against the plaintiff and therefore a contention will be until there is a case it is inappropriate for him to be caught up in committal proceedings,” Mr Lange said.

Mr Lange said the case for having Zahed walk free centred not only on the apparent lack of a case against their client, but also two “errors of law” they claim were not taken into account in the NSW Local Court.

The Office of Director of Public Prosecutions recently told a court it has “no case” against the ex-Comanchero bikie boss Zahed (pictured, in sunglasses). Picture: Instagram

If Zahed was discharged, the DPP would not be prevented from “bringing further proceedings” against him in the future in relation to the same alleged murder, the court heard.

Mr Lange urged the court to move quickly in handling their appeal, saying that Zahed had another Local Court hearing in April and that any delay in the NSW Supreme Court would see the appeal “rendered moot”.

But Justice Natalie Adams said time needed to be given to the DPP because of the Easter holidays and their need to engage a barrister.

“It does not seem a lay down misère point that I could immediately see force in your argument such that it seemed to be a miscarriage for this matter not to be immediately dealt with to afford your client the opportunity to be discharged,” Justice Adams said to Zahed’s legal team

“I maintain the submission the Director should be allowed sufficient time to obtain suitable counsel.”

The matter will return to the NSW Supreme Court on April 11, with Zahed to remain behind bars on remand until then.

Tarek and his brother Omar were both shot at BodyFit Gym in Auburn last May, with the latter dying at the scene.

In May last year, Zahed narrowly survived a gangland shooting at BodyFit Gym in Auburn that claimed the life of his brother Omar.

Omar was pronounced dead at the scene and Tarek was taken to a nearby hospital in a critical condition.

He was in a coma for days and many thought he would not survive, with one of the bullets hitting him in the eye.

Witnesses at the gym where the brothers were ambushed reported hearing “twenty shots in twenty seconds” and Tarek Zahed was hit ten times.

In the wake of the shootings, a new “super taskforce” has been formed by NSW Police to fight the gangland war in Sydney’s southwest.