Mostafa Baluch, Salim Hamze among controversial NSW bail decisions to prompt law reform
A number of high-profile bail decisions involving an alleged drug kingpin, a bikie and an alleged rapist could trigger law reforms. Now, seven of the men can be revealed. See the full list of names.
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Seven high-profile controversial bail decisions which could change the laws can be revealed as the NSW opposition demands to know why there are now about 100 defendants currently on bail wearing private ankle tracking devices.
The decisions involve an accused drug kingpin, a bikie, an alleged rapist, men charged with possessing loaded firearms and teenage gangster Salim Hamze, 18, who was shot dead alongside his dad after being released on bail.
All but one were revealed by The Daily Telegraph and Attorney-General Mark Speakman has told parliament that the Bail Monitoring Group, to which he has referred the seven cases, had already “identified a number of issues” with the decisions.
He has flagged widening so-called “show cause” offences, where bail must be refused unless the accused can persuade the court otherwise, to include more firearms offences and making it more difficult to get bail despite paying for private monitoring.
Last year 47 defendants were released on bail wearing private ankle bracelets, up from 32 in 2020.
Mr Speakman told a budget estimates this month that judges and magistrates should be “once bitten twice shy” and more hesitant to rely on private ankle tracking devices after the high-profile case of Mostafa Baluch, who allegedly cut off his private ankle monitor and was caught in a luxury car in the back of a truck allegedly trying to flee to Queensland.
Baluch, 34, who is alleged to have financed a 900kg shipment of cocaine into Australia, was the first case to be referred to the Bail Monitoring Group.
A budget estimates committee has been told the others include Frederick Jason Williams, 35, who had his bail revoked after initially being released charged with raping a woman, 56, whom he allegedly told: “You’re my mummy now”.
Also referred was Finks bikie Daniel Middleton, who was allegedly caught with a handgun while on bail for other offences but was released back into the community by a Sydney magistrate the next day.
Hamze was gunned down in a gangland hit along with his father Toufik, 64, while the teenager was on bail for gun possession.
Trent Jeske was bailed on firearms charges and Charbel Attie, who was also bailed on firearms charges, was rearrested a few days later after police charged him with using the gun to threaten a man.
The seventh man is Ahmed Karim, 22, who is in custody charged with dealing with the proceeds of crime.
None of those people has yet been required to enter a plea.
Shadow Attorney-General Michael Daley said despite the Baluch case putting everyone on notice six months ago, Mr Speakman had not had any correspondence with the local, district nor Supreme courts about using private ankle monitoring.
He said it was taking too long to tighten the bail laws.
A spokeswoman for Mr Speakman said he had asked the Bail Act Monitoring Group “to consider recent cases and whether there’s a need for reform or whether the justice system is broadly getting it right”.
Mostafa Baluch
Northern beaches millionaire restaurateur Baluch, 34, who is alleged to have financed a 900kg shipment of cocaine into Australia from Ecuador, was arrested in June 2021.
He was released on bail in October by Central Local Court despite it being opposed by police. His conditions included paying a $4 million surety, reporting daily to police and wearing an ankle tracking bracelet which he had to pay for.
Three days later he allegedly cut the bracelet off and he was caught in November at a Tweed Heads border checkpoint in a Mercedes Benz inside a container on the back of a truck. Extradited to NSW, he was formally refused bail and remains in custody. He has not been required to enter any plea.
Frederick Jason Williams
A budget estimates committee has been told under parliamentary privilege that the others referred them include Frederick Jason Williams, 35, who had his bail revoked after initially being released charged with raping a woman, 56, whom he allegedly told: “You’re my mummy now”.
He was arrested on November 21 following the alleged sexual assault in Revesby about 12.15am that morning and granted bail the following day by Bankstown Local Court.
The Office of the Director of Public Prosecutions launched an urgent appeal and in the Supreme Court, Justice Julia Lonergan revoked his bail.
She said that despite the long time he may be on remand and having no criminal record, he posed too high a risk. He was not required to enter a plea.
Daniel Middlebrook
Also referred to the Bail Monitoring Group was Finks bikie Daniel Middlebrook, who was allegedly caught with a handgun while on bail for traffic offences and subject to a Firearm Prohibition Order but was released back into the community by a Sydney magistrate the next day.
Police allegedly found a pistol and a small amount of cocaine between the passenger seat and the centre console after stopping him driving in the Kingswood area in November.
He spent the night in the cells at St Mary’s Police Station after police refused him bail on charges of breaching bail, possess unauthorised firearm, acquire pistol subject to firearms prohibition order, supply prohibited drug and possess prohibited drug.
The next day he was released on conditional bail by Penrith Local Court.
He has not been required to enter any pleas.
Charbel Attie
Another case involved Charbel Attie, 24, who was arrested in October after police alleged they found with a loaded .45 colt revolver at an address in Westmead.
The next day he was granted conditional bail with a 10pm to 5am curfew by Parramatta Local Court.
Three days later Attie was rearrested after police alleged the gun they seized was used to threaten a man a week earlier.
He appeared in Parramatta Local Court and was this time refused bail. He has not been required to enter any pleas.
Salim Hamze
Salim Hamze was gunned down in a gangland hit along with his father Toufik Hamze, 74, while the teenager was on bail for gun possession.
They were slain in their ute heading for work after leaving their Guildford home, with Salim known to police as a member of criminal organisations while his father had no connection to organised crime.
They were distant relatives of Brothers 4 Life gang leader Bilal Hamzy.
Trent Jeske
In September, Trent Jeske, 23, was arrested at a home in Guildford after police allegedly discovered a loaded handgun inside during raids targeting the associates of the warring Hamzy and Alameddine families.
He was charged with six offences including possessing an unauthorised firearm, affray, two counts of possessing ammunition without holding a licence, not complying with Covid directions, and not disclosing the identity of a driver or passenger.
He was released on bail and the court was told he was “suspected of being a member of a criminal organisation.”
He has not been required to enter any pleas.
Ahmed Karim
The seventh man is Ahmed Karim, 22, who is in custody charged with dealing with the proceeds of crime less than $100,000.
He is due to appear before Fairfield Local Court on April 5 via video link from jail.
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