Yoni Bashan State Political Reporter
The Sunday Telegraph Pg. 33
December 15,2013
A RARE Supreme Court appeal will be launched by the Director of Public Prosecutions after a man accused of supplying guns used by the Brothers For Life gang in an attempted murder was granted bail.
Rokhzayi is accused of supplying a sawn-off shotgun and revolver to three members of BFL — Jamil Qaumi, 21, Mobin Merzaei, 22, and Wahed Karimi, 18 — who then allegedly used the weapons to ambush three gang rivals at West Terrace, Bankstown, on November 8.
Despite the court hearing of a previous conviction for assault and facing 15 charges ranging from being an accessory before the fact, possessing prohibited weapons and supplying prohibited weapons, which carry a presumption against bail, Rokhzayi was allowed to go free.
The decision prompted outrage among police who had only weeks earlier been praised by the NSW Government for their work taking down the BFL gang. After the matter was raised by The Sunday Telegraph, Attorney General Greg Smith announced an urgent appeal would be lodged against the bail decision in the Supreme Court.
“The DPP opposed bail in this case and will be seeking an urgent review of the decision by the Supreme Court,” Mr Smith said.
“Under the new Bail Act, the protection of the community will be a primary concern for the granting of bail.”
The development has also been welcomed by Premier Barry O’Farrell, who said the decision to grant bail was questionable. “I welcome the decision of the DPP to appeal this decision,” the Premier told The Sunday Telegraph.
“The community rightly expects judges and magistrates to support police who do an outstanding job arresting and laying charges against thugs involved in gang activity. Decisions like this show why our reforms to the bail system are needed.”
The arrest of Rokhzayi came 40 minutes after shots were fired at Bankstown’s Chokolatta cafe, injuring three members of the BFL gang.
The shooting was allegedly prompted by an internal feud between the gang’s Blacktown and Bankstown chapters.
The arrests of Merzaei, Karimi and Rokhzayi occurred when the firearms were allegedly being returned to Rokhzayi home in Parramatta. The court heard Rokhzayi, a Granville TAFE student, had migrated to Australia with his family seven years ago and his father had been a police officer in Northern Iraq.
He was released granted bail, the court heard, due to his community ties and limited criminal history.
