Youngest Zahed brother refused bail to attend Omar’s funeral
The younger brother of Comanchero bikies Tarek and Omar Zahed should be let out of jail to attend his brother’s funeral, according to one of NSW’s top judges, despite police reporting they have information he may be plotting revenge.
Police & Courts
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The younger brother of Comanchero bikies Tarek and Omar Zahed should be let out of prison to attend Omar’s funeral, according to one of NSW’s top judges, despite a court hearing NSW Police intelligence suggests he has been plotting revenge from inside his prison cell since Tuesday night’s shooting.
Abdul Zahed, 37, is currently behind bars on remand, charged with 11 offences including prohibited drug supply and possessing a whopping 95 rounds of ammunition when he was arrested.
But in the wake of the shooting that killed Omar, 39, and left Tarek, 41, fighting for life after being shot 10 times — including in his right eye — the youngest Zahed made an application to the NSW Supreme Court to be immediately granted bail.
Abdul claimed he should be freed to not only care for his sick mother but also because he wanted to attend Omar’s funeral on Friday — a move which was supported by Justice Stephen Rothman, despite him refusing bail.
“I would urge Corrective Services NSW to allow the applicant to attend his brother’s funeral, even if under supervision,” Justice Rothman said.
NSW Police spent Wednesday knocking on the doors of individuals known to be linked to the underworld conflict, while detectives continued combing multiple crime scenes and the surrounds for CCTV footage or evidence.
The Supreme Court heard officers investigating the shooting of Tarek and Omar Zahed believed that if Abdul was released he would not only have access to ammunition but also a gun and had plans to exact revenge.
“I have personally consulted with the NSW Police Force involved in this matter in relation to concerns that they have asked me to place on the record,” Crown Prosecutor Rafaella Buttini told the court.
“NSW Police indicated to me this morning that they are in possession of information, credible information, that suggests should the applicant (Zahed) be released, there are significant concerns of further violence,” the court heard.
“Information received by the police indicates the applicant is enraged at the murder of his brother (Omar) and attempted murder of his other brother (Tarek).
“The police hold significant concerns given that they possess information that the applicant wishes to enact revenge on his release.”
Justice Rothman said he was hardly surprised to hear Abdul had been “enraged” by the attack on his siblings.
The court heard that Tarek had been rising through the ranks of the Comanchero OMCG and was expected to be named the president in the near future, following the charging of Melbourne-based boss Mick Murray with murder.
It was also revealed that the reason he stayed in Sydney and did not return to Melbourne, where he moved last year to escape the strict attention of NSW Police, was because he had been caring for his sick mother.
Adbul’s barrister Peter Lange told the court that not only was this week’s shooting a tragedy for his family, it had also left the Zahed family matriarch without two sons to care for her.
Mr Lange also said there was nothing to suggest the youngest Zahed brother would be more determined to exact revenge than any of Tarek and Omar’s bikie counterparts.
“There is a real need for him to act selflessly in the sense of providing solace to other people … to fulfil these tasks I say he now ought to be entitled to do,” he told the court.
“(And) if Mr Tarek Zahed was ascending as rapid as what was suggested by my friend, it seems there would be a lot of people who would take up that cause.”
But Justice Rothman said while he felt “sympathy” to the Zahed family, he did not agree with that claim.
“I’m not sure that’s your strongest point, he doesn’t have to exact revenge because others will,” he said.
Ms Buttini told the court Abdul had a lengthy criminal history including kidnapping, violent offences and intimidation.
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She said a serious drug addiction, combined with talk of an attack in revenge for that on his brothers, made for a potentially dangerous combination.
“This is an applicant who has a considerable record of violence and access in the past to firearms,” the court heard.
“In the current climate and with an unaddressed drug addiction, which one could think may be exacerbated on release with what has occurred.
“Police have also indicated that they understand that the applicant may have his own concerns about his own safety.”
The court heard Corrective Services NSW were preparing to make a video stream available for Abdul so he could watch Omar’s funeral from jail.
Justice Rothman refused Abdul’s bail application, but told the court he believed they should let him out on Friday to attend the funeral.
“I have great sympathy for (Abdul) and his family,” Justice Rothman told the court.
“I have no doubt his mother would benefit from comfort from the applicant … I think the worst thing that can happen to a parent is the death of a child.”
However Police Minister Paul Toole on Thursday said Abdul was in jail for a reason.
“Letting a criminal charged with serious drug and weapon offences, and with known criminal network links, walk free for a day no matter the circumstances is a huge threat to the community and should not be allowed,” he said.
“This sets a dangerous precedent.
“It’s a risk to the community and the last thing our police should have to contend with.
“He lost his rights to walk free when he was put behind bars.
“As far as I’m concerned, it’s a prison cell, not a hotel room where you can come and go as you please.”
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