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The scene at Sydney airport where Anthony Zervas was killed.
The scene at Sydney airport where Anthony Zervas was killed. Photograph: Steven Siewert/AAP Photograph: Steven Siewert/AAP
The scene at Sydney airport where Anthony Zervas was killed. Photograph: Steven Siewert/AAP Photograph: Steven Siewert/AAP

Comancheros boss convicted of Sydney airport killing will get retrial

This article is more than 9 years old

Bikie died after being hit by a bollard when members of two bikie gangs began brawling inside Sydney airport

The Comanchero bikie boss who was jailed for murdering a man at Sydney Airport in 2009 will stand trial again after his appeal was upheld.

Mahmoud "Mick" Hawi was found guilty in 2011 of affray and of murdering 29-year-old Anthony Zervas at the airport in March 2009.

Zervas, who was the brother of Hells Angels member Peter Zervas, died after being hit by a bollard when members of the two bikie gangs began brawling inside the airport.

Hawi was the only bikie convicted of Zervas's murder, while 10 other Comancheros and two Hells Angels members either pleaded or were found guilty of charges relating to the brawl.

Hawi was jailed for at least 21 years in 2012.

But on Friday, the NSW Court of Criminal Appeal quashed his murder conviction and ordered that he be retried.

Hawi appealed against his conviction on five grounds, including that the trial judge should have left the defence of provocation open to the jury.

The three judges who oversaw the appeal all came to different conclusions.

Justice Tom Bathurst found that Hawi should be acquitted, while Justice Derek Price found the defence of provocation should have been put before the jury and Hawi retried.

Justice Lucy McCallum, however, found the appeal should be dismissed.

Taking into account all three options, the court ordered a retrial.

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