One Of Three Involved in Joint Criminal Enterprise and the Murder of Mick Hawi Granted Bail

, One Of Three Involved in Joint Criminal Enterprise and the Murder of Mick Hawi Granted Bail

One Of Three Involved in Joint Criminal Enterprise and the Murder of Mick Hawi Granted Bail

The man who was accused of driving the getaway car after the murder of a former Comanchero bikie chief Mahmoud “Mick” Hawi has been granted bail.

THE STORY

Nine News reported yesterday that Jamal Eljaidi was granted bail, smiling as he appeared via audio visual link in the NSW Supreme Court on Tuesday before Justice Roberton Wright. The accused is one of three men charged with the murder, with the Crown alleging he was part of a joint criminal enterprise along with Nazlioglu and Doudar. He is also charged with possessing an unauthorized pistol.

Eljaidi is accused of driving a grey Mercedes-Benz, waiting near a gym in Rockdale while the other co-accused, Nazlioglu shot the former bikie, Hawi at close range. The getaway car was then set on fire and the disguised men captured on CCTV drove away in a silver Toyota Aurion.  It was mentioned in Court by the Judge, that even one month after the shooting there was no evidence about what happened to it during that time or before the murder.

The Crown were dependent on the DNA samples taken from around the Aurion’s driver seat which was alleged to have Eljaidi’s DNA. The Crown continued to argue the pistol, which was Eljaidi’s second charge, had DNA linked and was found in a bag in the garage where the Aurion car was found. Prosecution argued the case against Eljaidi to be moderate in strength, the Judge described it as weak.

As the evidence is limited against Jamal Eljaidi, he imposed 21 conditions including the deposit of over $1 million as security. His conditions include wearing an electronic monitoring device, must live with his wife and only go out in her company. Eljaidi must also report to police twice daily, be subject to a 10pm-6am curfew and have no contact with a long list of associates who have previous criminal convictions.

The murder trial is set to commence July 2020, by the time the accused who is now on bail, Eljaidi would have been in custody for 17 months if not granted bail.

WHAT IS PARTICIPATION IN A CRIMINAL GROUP?

 A criminal group is described under Section 93S of the Crimes At 1900 where a ‘criminal group’ means a group of three or more people who have as one of their objectives to obtain material benefits from serious indictable offences.

A criminal group has objectives to;

  • Obtain material benefits from conduct which is identified as an offence of a penalty more than 5 years, or
  • Obtain material from conduct engaging in outside New South Wales, or
  • Commit serious violence offence, or
  • Engage in conduct outside NSW that if occurred within NSW would be regarded as a serious offence.

JOINT CRIMINAL ENTERPRISE- THE LAW 

The offence of Participating in a criminal group is found at section 93T of the Crimes Act 1900 and is as follows:

S.93T(1) – A person must not participate in a criminal group. A person participates in a criminal group if that person knows or ought reasonably to know that the group is a criminal group, and knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity.

Maximum penalty – 5 years imprisonment.

S. 93T(1A) – A person must not participate in a criminal group by directing any of the group’s activities. The person must know the group is a criminal group and know or be reckless as to whether his/her participation contributes to the occurrence of any criminal activity.

Maximum penalty – 10 years imprisonment.

WHAT MUST THE PROSECUTION PROVE?

Since Participating in a criminal group is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Participating in a criminal group.

To establish Participating in a criminal group, the prosecution must prove each of the following matters beyond reasonable doubt:

  • You participate in a criminal group by directing any of the activities of the group; and
  • You knew or ought to reasonably have known that you participated in a criminal group; and
  • You knew, or ought reasonably to have known, that your participation in that group contributed to the occurrence of any criminal activity.

Or

  • You participate in a criminal group by directing any of the activities of the group; and
  • You know that it is a criminal group; and
  • You know, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.

To read more about this offence, click on the link.

If you anyone you know has been charged with the offence of Joint Criminal Enterprise contact National Criminal Lawyers for a free consultation.

Book your first free appointment with National Criminal lawyers now.
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