Comanchero boss to stand trial again

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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 murdering 29-year-old Anthony Zervas at the airport in March 2009.

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

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

Mr 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 Mr Zervas's murder, while 10 other Comancheros and two Hells Angels members either pleaded or were found guilty of charges.

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.

In 2009 a fight broke out between the bikie gangs after Hawi and his colleagues happened to be on the same Melbourne-to-Sydney flight as Hells Angels president Derek Wainohu.

Both sides then called for reinforcements.

At a violent confrontation near the check-in counters, Mr Zervas attacked Hawi with a pair of scissors.

At this point 'all hell broke loose', Justice Robert Allan Hulme said in sentencing Hawi in 2012.

Mr Zervas suffered massive head injuries after being attacked with bollards and kicked, punched and stomped on.

While Hawi was in the immediate presence of Mr Zervas when he was attacked, Justice Hulme said he was not satisfied beyond reasonable doubt that he inflicted any blows at all.

But he said: 'His presence would undoubtedly have had the effect of authorising and approving the actions of the other man who bludgeoned Anthony Zervas to death.'

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 justices 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 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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