Mahmoud Ahmad: Brother of slain kingpin asks for reduced manslaughter sentence

A man who fled Australia after firing a ‘warning shot’ during a gunfight that killed a notorious crime figure has asked for his sentence to be reduced.

Mahmoud ‘Brownie’ Ahmad, brother of slain crime kingpin Walid ‘Wally’ Ahmad, was arrested in dramatic scenes at Sydney Airport on his return to Australia in March 2017.

A man who fled to Lebanon after the western Sydney gunfight that killed underworld figure Safwan Charbaji has asked for his manslaughter sentence to be reduced, partly on the basis he assisted police.

Mahmoud “Brownie” Ahmad, brother of slain crime kingpin Walid “Wally” Ahmad, was arrested in dramatic scenes at Sydney Airport on his return to Australia in March 2017.

He was initially charged with murder over his role in the brawl but eventually pleaded guilty to manslaughter, admitting he had fired a “warning shot” as he tried to leave the scene.

His brother Walid, who fired the shot that killed Charbaji as the gunfight unfolded in broad daylight, was himself gunned down weeks later.

Mahmoud Ahmad was sentenced to seven years prison with a non-parole period of five years and three months in 2020.

He is now appealing his sentence, arguing it is too long and Justice Richard Button ought to have given him a discount for assistance he provided in his own case.

His barrister, David Dalton SC, told the NSW Court of Appeal on Wednesday afternoon that the initial Crown case against Mahmoud Ahmad was “totally misconceived” and based on him being the shooter.

When this was disproved by ballistics evidence, Mr Dalton said, Mahmoud Ahmad elected to plead guilty to manslaughter.

He said Mahmoud Ahmad volunteered to police that he had fired a warning shot as another person pointed a gun at him, joining in the fray.

Mahmoud Ahmad was initially charged with murder over his role in the Sydney gunfight but eventually pleaded guilty to manslaughter, admitting he had fired a ‘warning shot’ as he tried to leave the scene.

He said the Crown case was extremely weak and could not have been proved without Mahmoud Ahmad’s admission, and his client could have argued self defence.

“This is the only murder I’ve ever had since 1992 … when I’ve advised the client he’s going to be acquitted of both murder and manslaughter and he still wanted to plead to manslaughter,” Mr Dalton said.

“He’d come back from Lebanon, knowing he was going to be charged.”

Mahmoud Ahmad had fled Australia believing his life was in danger, a view bolstered by his brother being killed three weeks later, Justice Button noted in his sentencing remarks.

Mahmoud Ahmad also argues Justice Button did not sufficiently take his remorse into account and was wrong in declining to grant him special circumstances, which allow for less time behind bars and a lengthier parole period.

The crown argued there was no error in the sentence and that Justice Button had correctly found Mahmoud Ahmad had not assisted police.

The Court of Appeal will hand down a decision at a later date.