AUSTRALIA - Fatal bikxx brawl trial at impasse

OFF THE WIRE
A JURY considering verdicts against six Comanchero bikies over a fatal brawl at Sydney airport has reached some conclusions in the case, but remain undecided about the primary allegations.

The jury, who has been deliberating for more than two weeks after a trial lasting almost five months, has reached something of an impasse, telling Supreme Court Justice Robert A. Hulme that they had decided some of the lesser charges.

Six Comanchero members, including former club boss Mick Hawi, face a charge of murder following the violent brawl at Sydney airport in March 2009, where Hells Angels associate Anthony Zervas was killed.

If they acquit any of the accused of murder, they can then decide a charge of manslaughter.

Most of the six, as well as one Hells Angels member David Padovan, are also charged with the lesser charges of riot and/or affray.

Justice Hulme this afternoon told the jury he cannot accept verdicts on lesser charges until verdicts in the primary ones are entered.

He gave them what is commonly referred to as the 'Black direction', saying they must return to considering unanimous verdicts on the primary charges - whether it be guilty or not guilty.

The trial, which began on May 25, has heard that 29-year-old Mr Zervas died from the combined effects of blunt force injury to his head, which fractured his skull, and stab wounds to his chest and abdomen.

The brawl broke out at Sydney airport's Qantas terminal, in front of more than 100 other travelers.

The Crown alleged Hawi, Christian Menzies and Farres Abounader had been directly involved in the assault and that the other Commancheros - Ishmail Eken, Usama Potrus and Zoran Kisacanin - had also been involved on the basis of common purpose.

The Crown alleged that Hawi and Menzies directly struck Mr Zervas with a bollard and that Abounader had done the stabbing.

Each of them told the court they were acting in self-defence.

Deliberations are continuing.

http://www.dailytelegraph.com.au/news/fatal-bikie-brawl-trial-at-impasse/story-e6freuy9-1226176408361