Mick Hawi murder trial: jury begins deliberations
A Sydney jury has begun deliberating at the murder trial of two men accused of gunning down Sydney bikie Mahmoud ‘Mick’ Hawi more than two years ago.
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A Sydney jury is deciding the fate of two men accused of slaying former bikie chief Mahmoud ‘Mick’ Hawi.
Prosecutors allege Monterey man Yusuf Nazlioglu gunned the ex-Comanchero president down outside a Rockdale gym in February 2018, while 32-year-old panel beater Jamal Eljaidi was the getaway driver.
Both men have pleaded not guilty to murder, and on Thursday the jury began deliberating at their Supreme Court trial.
The Crown alleged Nazlioglu shot the 37-year-old father multiple times in the head, face and shoulder as he sat in his car, which was parked directly outside the Fitness First entrance On February 15, 2018.
During the four-week trial, the jury listened to harrowing testimony from a tearful gym receptionist who witnessed the brazen daylight execution, telling the jury she saw Hawi’s “skin and blood” inside his luxury SUV.
The jurors have also listened to frantic triple-zero calls played in court, and seen grisly crime scene photos of Hawi’s blood-soaked and bullet-riddled black Mercedes.
The court heard Eljaidi allegedly picked Nazlioglu up in a silver Mercedes and drove to a nearby street, where they torched the stolen car using explosives before fleeing in a silver Toyota Aurion.
The Crown relies on DNA evidence linking the pair to the alleged second getaway car, while Nazlioglu’s DNA was also found on a balaclava containing gunshot residue which was stashed inside.
Eljaidi‘s barrister David Dalton SC said he was a panel beater and may have previously repaired the Aurion, which would explain why his DNA was detected.
The unlocked Aurion wasn’t found by police until a month after the shooting, and the balaclava also contained DNA from at least two other people, Nazlioglu’s barrister said.
Avni Djemal argued there was serious doubt about whether the shooter was wearing a balaclava or a face mask and a cap, pointing to discrepancies between some eyewitness accounts.
Crown prosecutor Luigi Lungo alleged Nazlioglu killed his former friend after the pair had a falling out during a 2016 Central Coast fishing trip.
But Nazlioglu’s barrister Avni Djemal labelled that a “pretty weak motive,” questioning whether Nazlioglu would have plotted a sophisticated hit involving stolen cars, explosives and safe houses “because he got sent home from some fishing trip.”
Mr Dalton said his client had no motive to kill and was “far too tall” to be either of the men shown running from the burning Mercedes on CCTV footage.
The trial continues.
WEDNESDAY, SEPTEMBER 2
The idea that a Sydney man allegedly gunned down bikie Mahmoud ‘Mick’ Hawi over a falling out during a fishing trip is “weak,” his lawyer says.
Police allege Monterey man Yusuf Nazlioglu sprayed the ex-Comanchero chief with bullets outside a Rockdale gym in February 2018, while 32-year-old panel beater Jamal Eljaidi was the getaway driver.
Both men have pleaded not guilty to murder, and the jury is expected to begin deliberating at their Supreme Court trial on Thursday.
Crown prosecutor Luigi Lungo has said Nazlioglu’s “possible motive” was the breakdown of his friendship with Hawi, which first soured during a 2016 Central Coast fishing trip.
But Nazlioglu’s barrister Avni Djemal labelled that a “pretty weak motive,” questioning whether Nazlioglu would have plotted a sophisticated hit involving stolen cars, explosives and safe houses “because he got sent home from some fishing trip… like a kid”.
“That’s the motive that kicked this off?” he said. “It just doesn’t make sense.”
The Crown alleges after the daylight execution outside Fitness First, Eljaidi drove Nazlioglu in a stolen silver Mercedes-Benz to a nearby Rockdale street, where they set the car on fire with explosives before jumping into a silver Toyota Aurion.
The Crown alleges gunshot residue and DNA evidence links Nazlioglu and Eljaidi to the alleged second getaway car.
Nazlioglu concedes that two days after the shooting he helped move the Aurion to Rosebury from a Bexley home the Crown alleges was a safe house used to store both getaway cars.
Gunshot residue and DNA consistent with Nazlioglu’s profile was also found on a balaclava stashed inside the car, experts testified.
But Mr Djemal said there was serious doubt about whether the shooter was wearing the balaclava found in the unlocked Aurion one month after the execution.
He pointed to discrepancies between some eyewitnesses who said the gunman wore a face mask and a cap, while others said he had a balaclava on.
Prosecutors allege in June 2018 Nazlioglu said “I think I put it on Mick — cop it,” before swearing as he drove near the gym in a muffled conversation recorded by police.
But Mr Djemal said that was “nonsensical”, and as if Nazlioglu was talking to himself in “some sort of Shakespearean dialogue”.
The defence lawyer claimed Nazlioglu actually said: “You think I put it on Mick — coppers (are) f***ed.”
Nazlioglu was being incredulous, having discovered earlier that month that police investigating Hawi’s murder were searching for him, the court heard.
Mr Djemal argues plenty of other people had better reasons to want to kill Hawi, but the Crown has dismissed other sources of animosity in the bikie’s life as “red herrings.”
The jury was told of a leadership struggle between the ex-Comanchero national president and his now exiled successor Mark Buddle.
The court heard Comanchero associate Beau Redmond, the son of Sydney hotelier Geoff Redmond, had initially been a person of interest in the execution.
Mr Djemal said Mr Redmond may have gone to the October 2017 funeral for the father of Buddle, who took over the Comanchero mantel from Hawi.
He said explosives were used to torch the Mercedes getaway car on Chandler St, and Mr Redmond had been trained to use explosives and firearms at an army reserve barracks nearby.
But Detective Senior Constable Kane Reinhart said Mr Redmond eventually became “less of a person of interest,” and Mr Lungo said there were thousands of white cars driven around Sydney in 2018.
Snr Const Reinhart has told the jury that Hawi had allegedly been extorting Sydney property developers Eddie Haragli and Khoda Kassira for half a million dollars around the time he was shot.
The court heard in 2017, Hawi’s associates Henry and Peter Vaiusu were captured standing at the front door of Mr Haragli’s Bexley home in CCTV footage in an attempt to scare his family.
Justice Robert Hulme is now addressing the jury as the trial continues.
TUESDAY, SEPTEMBER 1
One of Mick Hawi’s alleged killers is so tall he’s in “NBA territory” and couldn’t possibly be the same man caught on CCTV footage after the Sydney bikie was gunned down, his lawyer says.
Police allege Jamal Eljaidi was the getaway driver for Yusuf Nazlioglu, who sprayed the ex-Comanchero chief with bullets outside a Rockdale gym in 2018.
Both men have pleaded not guilty to murder, and defence closing submissions began at their Supreme Court trial on Tuesday.
Agreed facts show that photogrammetry experts estimated the height of two masked men caught on CCTV footage close to where Hawi was gunned down, but Eljaidi’s lawyer says “he’s far too tall to be either of these men.”
“The elephant in the room – or more likely to Mr Ejaidi, the giraffe – demonstrates that he could not be one of those offenders.”
Eljaidi measures 199 centimetres, and Mr Dalton asked his client to leave the dock and stand next to him, to show “just how tall he his.”
“We’re talking NBA territory – Michael Jordan (is) 198cm,” he said.
The Crown alleges after the daylight execution, Eljaidi drove Nazlioglu in a Silver Mercedes-Benz to a nearby Rockdale street, where they set the car on fire before jumping into a silver Toyota Aurion.
One calculation of the taller of the two men filmed sprinting down Chandler Street by security cameras was 186.4cm, with a 7cm margin of error, the court heard.
This matched the other independent expert’s estimated height of the shooter, who was caught on CCTV footage running away from Fitness First on Lindsay Street into a waiting getaway car.
Mr Dalton said the top of that error margin range is 193cm, which is still too short to match Eljaidi.
The shorter man was estimated to be 170cm, plus or minus 7cm, the court heard.
“Mr Elaidi is 23cm taller than that person, even at the top of that range,” Mr Dalton said.
“That should be the end of the case against him.”
The Crown has relied on crucial DNA evidence linking Nazlioglu and Eljaidi to the alleged second getaway car in its circumstantial case.
But Mr Dalton said Eljaidi was a panel beater and his DNA could have been “innocently transferred” if he’d repaired that car on a prior occasion.
“It’s not for Mr Eljaidi to have to prove that he previously repaired some part of that car. He mightn’t remember,” Mr Dalton said.
“If he’d in fact been involved in repairing that car … presumably he would have driven it.”
The court heard DNA linked to Eljaidi was also found on a Woolworths reusable bag inside a garage at an alleged Bexley safe house where both getaway cars were stored.
Mr Dalton said the bag is “a very movable item” and noted panel beaters don’t use “custom made bags.”
“There hasn’t been much evidence against my client,” he concluded.
Crown prosecutor Luigi Lungo told the jury Nazlioglu’s “possible motive” was the breakdown of his friendship with Hawi, which first soured during a 2016 Central Coast fishing trip.
But Nazlioglu’s barrister said Hawi’s killers orchestrated a sophisticated hit involving stolen getaway cars and number plates, guns, explosives and safe houses.
“That was some explosive device that took out the internals of the car … this was pretty slick as far as an operation goes,” Avni Djemal said.
Mr Djemal questioned whether the jury believed that Nazlioglu plotted murder after he “got angry because he got sent home from some fishing trip.”
“Does that fit in with your common sense? That sort of slick, planned operation?” he asked.
The court heard gunshot residue was found on a balaclava stashed inside the Aurion which contained Nazlioglu’s DNA.
But the unlocked car wasn’t found by police until a month after the shooting, and the balaclava also contained minor DNA contributions from at least two other people, Mr Djemal said.
“I’m not suggesting conspiracy theories or anything but … there’s a balaclava that’s just left there. You might find some discomfort in the way that pans out,” he told the jury.
Nazlioglu and Eljaidi argue Hawi had plenty of enemies with reason to kill him, and the court heard the bikie had a “long running feud” with Comanchero rival Mark Buddle around the time he died.
Detective Senior Constable Kane Reinhart has told the jury that Hawi had allegedly been extorting Sydney property developers Eddie Haragli and Khoda Kassira for half a million dollars when he was shot.
Buddle, Mr Haragli and Mr Kassira have not been charged over Hawi’s murder.
Mr Djemal admitted the jurors may have reason to dislike Nazlioglu, but stressed: “This is not a popularity contest.”
“You might not like his tattoos – irrelevant,” he said.
“He’s having an affair with a married woman … he obviously knows people in jail … you might not like that, but that’s not what this is about.”
The trial continues.
JURY TOLD TO IGNORE ‘RED HERRINGS’
A jury has been urged to ignore “red herrings” put forward by the alleged killers of former bikie boss Mahmoud ‘Mick’ Hawi.
Monterey man Yusuf Nazlioglu, 38, is accused of killing the Comanchero chief with a volley of gunshots through the window of Hawi’s black Mercedes 4WD two-and-a-half years ago.
The Crown alleges Jamal Eljaidi was the getaway driver for the infamous broad daylight hit outside a Rockdale gym on February 15, 2018.
Both men have pleaded not guilty to murder, and on Monday closing submissions began at their Supreme Court trial.
Nazlioglu and Eljaidi argue Hawi had plenty of enemies with reason to kill him, and the court heard the bikie had a “long running feud” with Comanchero rival Mark Buddle around the time he died.
But Crown prosecutor Luigi Lungo said Hawi’s Comanchero successor left Australia in 2016, and unless he had the power to “teleport”, he could not be the man who pulled the trigger.
“Mark Buddle wasn’t even in the country,” he said.
Detective Senior Constable Kane Reinhart has told the jury Hawi had allegedly been extorting Sydney property developers Eddie Haragli and Khoda Kassira for half a million dollars around the time he was shot.
Mr Lungo said months before Hawi was assassinated, Henry and Peter Vaiusu were seen standing at the front door of Mr Haragli’s Bexley home in CCTV footage tendered to the trial.
“It may be suggested to you that these Vaiusu brothers had something to do with Mr Hawi’s death,” Mr Lungo said.
“Detective Reinhart gave evidence they were never persons of interest.”
The detective also said Beau Redmond, the son of Sydney hotelier Geoff Redmond, had initially been a person of interest.
Nazlioglu’s lawyer noted that Mr Redmond drove a white car, and before the shooting an unknown white car had been spotted near a Bexley safe house where Nazlioglu and Eljaidi allegedly stored two getaway cars.
But Snr Const Reinhart said Mr Redmond eventually became “less of a person of interest,” and Mr Lungo said there were thousands of white cars in Sydney in 2018.
Buddle, Mr Redmond, Mr Haragli, Mr Kassira and the Vaiusu brothers have not been charged over Hawi’s murder.
The Crown alleges after Hawi was shot multiple times, Eljaidi drove Nazlioglu in a silver Mercedes-Benz to a nearby street where the car was set on fire, before they jumped into a silver Toyota Aurion.
Forensic biologist Ivana Sesardic gave evidence that DNA linked to both men was found inside the Aurion.
The jury has heard Eljaidi was a panel beater and spray painter, but Mr Lungo stressed there was no evidence he ever worked on the Aurion, meaning his DNA could have been left there previously.
Gunshot residue and DNA consistent with Nazlioglu’s profile was also found on a balaclava stashed inside the car, experts have told the court.
“There are a number of eyewitnesses who see the shooter with a balaclava,” Mr Lungo said.
“Mr Nazlioglu was wearing that balaclava when he shot Mr Hawi.”
Hawi’s widow Carolina Gonzalez gave evidence that Nazlioglu and her husband formed a close bond after he was released from prison in 2015.
But the relationship soured in late 2016 when Hawi told Nazlioglu to leave a Central Coast fishing trip, telling his wife “he embarrassed me” in front of others, the court heard.
Ms Gonzalez said that night she and Nazlioglu’s wife found him eating alone at Brighton Le Sands, but Nazlioglu refused to speak to her.
“She told you that he was clenching his fists and his eyes were just bulging out a little,” Mr Lungo said.
“He was angry, very very angry.”
Ms Gonzalez said their friendship ended by 2017 because her husband didn’t take kindly to being embarrassed, Nazlioglu had done so on a few occasions, and Hawi “couldn’t handle his behaviour anymore.”
Mr Lungo said three days before Hawi died, Nazlioglu drove past Fitness First to monitor the bikie doing his daily gym workout.
Nazlioglu’s lawyer claimed he regularly drove around the Bexley area to visit a married woman with whom he was having an affair.
But Mr Lungo told the jury Nazlioglu allegedly had more sinister motives.
“The reason he was there, ladies and gentleman, was not to visit this woman, but for surveillance of Mr Hawi,” he said.
The trial continues.