Prosecutors have admitted in the New South Wales Supreme Court that alleged Sydney crime figure Masood Zakaria was unlawfully deported from Türkiye to Australia in 2023. The admission came during a legal challenge brought by Zakaria, who is seeking to have murder charges against him dismissed.

Zakaria is accused of involvement in the 2021 murders of Salim Hamze and Toufik Hamze. He has been described by authorities as an alleged member of the Alameddine crime family. The charges remain allegations and have not been proven in court.

The case centres on the circumstances surrounding Zakaria's return to Australia after he was located in Türkiye. Investigators alleged he had left Australia aboard a fishing vessel before he could be charged. He was subsequently brought back to Sydney in December 2023 following an operation involving the Australian Federal Police, a charter flight company and a private security contractor.

The Australian Federal Police reportedly paid $1.1 million to two companies involved in securing his return. Zakaria's legal team argues that the operation was unlawful because an appeal against his deportation was still being considered by Turkish authorities.

During Thursday's hearing, NSW Director of Public Prosecutions prosecutor Chris Tan acknowledged that Zakaria was prohibited from being deported while awaiting the outcome of his appeal. The admission is significant because the defence is challenging the legality of the process used to bring him back to Australia.

Zakaria's lawyers have previously compared the operation to a kidnapping, arguing that he was taken from Türkiye despite having a right to remain there during the appeal. The Australian Federal Police has maintained that its actions were lawful.

The court has heard evidence from senior law-enforcement officials involved in the pursuit of Zakaria and the investigation into the Alameddine crime family. Among those questioned were senior NSW Police officers responsible for organised crime and criminal groups investigations.

Evidence has also been presented about the role of the private security contractor Hart International. A contractor told the court earlier in the week that he and colleagues had not restrained Zakaria, while images shown during the proceedings reportedly depicted Zakaria wearing flexible restraints on the flight and surrounded by security personnel.

The pilot of the chartered aircraft also gave evidence about an incident in Türkiye when the plane returned to Istanbul after striking birds during take-off. He said armed Turkish police prevented him from opening the aircraft door.

The legal challenge could have consequences beyond Zakaria's case. The court heard that the same security contractor was paid to carry out similar transfers involving two other fugitives who had been tracked to Türkiye. The identities of those individuals cannot legally be disclosed.

The hearing before Justice Edward Muston is continuing. The court will consider the legal arguments and evidence before determining the implications for the prosecution. The admission about the deportation does not itself establish whether the murder charges will be dismissed.