Malcolm Brown
The jury in the trial of six Commanchero bikies for the murder of Anthony Zervas at Sydney Airport would have to be satisfied that the accused had a reasonable belief that it was necessary to do what was alleged against him, a judge said today.
Justice Robert A. Hulme was beginning his summing up in the trial of six Commanchero gang members accused of the murder of Anthony Zervas, and of a Hells Angel charged with riot and affray.Justice Hulme said that eliminating the possible defence of such a reasonable belief was necessary to find murder established.
On trial are Mahmoud Hawi, 31, Farres Abounader, 30, Ishmail Eken, 29, Zoran Kisacanin, 25, Christian Menzies, 29, and Usama Potrus, 29, all from the Commanchero.
Hells Angel David Padovan, 28, is on trial for riot and affray.
Justice Hulme said that, according to the pathologist's report, Mr Zervas, 29, had died from the combined effect of blunt force head injury, which fractured the skull, and stabbing to the chest and abdomen.
Mr Zervas had been involved in a fight with the Commancheros at Sydney Airport on March 22, 2009.
The Crown case was that Mr Hawi, Mr Menzies and Mr Abounader had been directly involved in the assault and that the other Commancheros had been involved on the basis of common purpose.
The Crown alleged that Mr Hawi and Mr Menzies directly struck Mr Zervas with a bollard and that Mr Abounader had done the stabbing.
The Crown contended that they were not acting in self-defence.
None of the accused had agreed that they were involved in the fatal assault at all, he said.
But if the jury disbelieved them, it would have to consider whether they had a reasonable belief that it was necessary to do what was alleged against them in order to defend themselves or other people.
Evidence was that Mr Zervas had been involved in a fight with the Commancheros but that he had ended up lying prone on the floor and, according to witnesses, the aggression had continued.
"In all the circumstances, is it possible that there was a belief by the accused that it was necessary for Mr Zervas to be stabbed in the chest or abdomen or for him to have been hit by a bollard in order to defend [the alleged assailant] or another person?" Justice Hulme said.
The hearing continues.
Read more: http://www.smh.com.au/nsw/judge-sums-up-in-bikie-airport-murder-trial-20110921-1kkm1.html#ixzz1Yn1YPXsN