Man jailed for involvement in Mick Hawi murder loses appeal

A man convicted of helping to get rid of the getaway car used in the Mick Hawi murder has been unsuccessful in getting less jail time due to a health problem.

A man jailed for helping dispose of the getaway car used in the brazen assassination of former bikie boss Mick Hawi has had his appeal dismissed after a court rejected his argument that prison staff could not properly treat his diabetes.

Ahmad Doudar was last year sentenced to spend at least three years and four months in jail after being found guilty of being an accessory after the fact to murder of the former Comanchero national chief.

Former Comanchero bikie boss Mick Hawi was murdered in a hail of gunfire outside a Rockdale gym in 2018. Picture: Supplied.

He launched an appeal against the severity of his sentence on five grounds, including that the jail was not properly equipped to treat his medical condition and prison was more onerous on him because of COVID-19.

However the Court of Appeal on Thursday rejected his appeal, saying medical records had demonstrated that correctional centre staff were able to provide an “appropriate level of care”.

“In those circumstances, the applicant has not established that evidence regarding the ongoing treatment of the applicant’s diabetes in custody should be admitted as fresh evidence on the appeal and it has not been established that a miscarriage of justice has occurred,” Chief Justice Clifton Hoeben said in a judgment supported by Justices Geoffrey Bellew and Robertson Wright.

Mr Hawi was murdered outside the Rockdale Fitness First on February 15, 2018 when a black-clad gunman fired a volley of shots into his luxury Mercedes Benz 4WD which was parked outside the entrance.

Vision showing the moment Mick Hawi was gunned down in Rockdale. Picture: Supplied

Graphic photos of slain bikie Mahmoud ‘Mick’ Hawi’s blood-soaked and bullet-riddled luxury car, Picture: Supplied.

On the crown case against Doudar, a gunman was whisked away from the scene in a silver Mercedes Benz.

According to a statement of agreed facts signed by Doudar: “At the time of loading the vehicle onto the tow truck, (Doudar) knew that the vehicle had been used as a getaway car following the shooting of the deceased Hawi.”

Following the killing, the assailants set fire to the car in Chandler Street, Bexley, before using a second getaway vehicle to drive to a nearby garage.

CCTV captured Doudar arriving at the Highworth Avenue garage two days later with a tow truck.

Another man took the car to Rosebery where it was unloaded and left in a public parking spot.

According to an affidavit signed by Doudar’s solicitor, and presented at a bail hearing prior to his sentencing, Doudar in March last year began experiencing symptoms including a dry throat and excessive urination, but was initially told by jail medical staff there was nothing wrong with him.

The following day he again complained to a nurse after he began experiencing extreme stomach pains and began vomiting and shaking, but was again sent back to his cell and told he had a stomach bug.

Ahmad Doudar was last year sentenced to spend at least three years and four months in jail. Picture: Jenny Evans

It wasn’t until a day later that he was taken to hospital where he lost all vision and was placed in intensive care before being told that he had developed type 1 diabetes.

When he returned to jail, he claimed he was told that the medical staff did not have the type of insulin needed to treat his condition and he said he had been given the “incorrect medication”.

He had reported losing 13 kgs in less than two weeks because he said the only way to keep his blood sugar levels down was to not eat.

However the crown cast doubt on that argument, saying medical notes indicated he had added weight around that time.

Chief Justice Hoeben said Doudar’s diabetes was taken into account in original sentencing.

“On the basis of what can be gleaned from the applicant’s Justice Health records alone, it cannot be concluded that the standard of care available to the applicant is different to what the sentencing judge had understood from the evidence at the bail hearing,” Chief Justice Hoeben said.