One of the three men accused of murdering former Comanchero bikie chief Mahmoud "Mick" Hawi in Rockdale in 2018 has been granted bail by a judge who described the evidence of his involvement as being "significantly limited".
Jamal Eljaidi, 32, has been in custody since his arrest in February on charges of murder and possessing a prohibited pistol, which is not the weapon used to gun down Mr Hawi.
The Crown alleges he was part of a joint criminal enterprise with Yusuf Nazlioglu and Ahmad Doudar, who are also charged with murder, and that he drove a getaway car from the crime scene.
In the NSW Supreme Court on Tuesday, Justice Robertson Wright granted bail imposing strict conditions.
They include the deposit of $1,040,000 by three named people, which is to be forfeited if he fails to abide by the conditions.
He must live with his wife and only go out in her company, report to police twice daily and not be absent from the home between 10 pm and 6am.
While prosecutor Chris Allison said the crown case against Eljaidi was of "moderate strength", the judge said it would properly be described as weak.
Mr Hawi, 37, was shot multiple times as he sat in his car outside a gym in Rockdale in February 2018.
Eljaidi is accused of driving a grey Mercedes-Benz and waiting while Nazlioglu shot Mr Hawi at close range.
"It is further alleged the applicant drove the Mercedes-Benz to a street in Rockdale where the car was set on fire," the judge said.
CCTV allegedly captured the disguised men as they ran down a laneway before they drove away in a silver Toyota Aurion.
"Having viewed the video it did not appear to me that identification would be an easy task at all," Justice Wright said.
The Crown also relied on DNA samples taken from around the Aurion's driver's seat which are said to be consistent with Eljaidi's DNA
But the judge said the car was found approximately one month after the shooting and there was no evidence about what happened to it during that time or before the murder.
Australian Associated Press
