Overview
- Prosecutors told the NSW Supreme Court on Thursday that Masood Zakaria’s removal from Turkey in December 2023 was not permitted under Turkish law because he had a pending appeal, and they will call an expert on Turkish deportation law.
- Zakaria’s lawyers are seeking a permanent stay of proceedings that would halt a string of charges, including two murder counts and a conspiracy to murder, after those trials were vacated when allegations of unlawful rendition were raised.
- Court evidence has shown AFP files and emails from late 2022 in which then‑AFP officer Scott Murphy proposed having Zakaria 'blacklisted' and removed from Turkey, and defence lawyers say the AFP paid about $1.1 million to charter an Airbus A319 and used Hart International contractors to bring him to Australia.
- The AFP maintains its conduct was lawful but has been subpoenaed to produce senior officials, including Commissioner Krissy Barrett and former commissioner Reece Kershaw, and witnesses for both sides are being cross‑examined over how the operation was planned and executed.
- If the court grants a permanent stay, it would likely end the prosecutions against Zakaria, prompt scrutiny of cross‑border recovery practices and private contractor use, and could trigger internal and diplomatic reviews of AFP procedures.