Brothers 4 Life leader Bassam Hamzy was locked up in the state’s highest-security prison but police allege he was still playing an active role in creating a new chapter for the gang outside Sydney, a court has heard.
Key points:
- Bassam Hamzy, 44, is accused of directing the supply of meth while inside prison
- He allegedly used code to pass on instructions via calls to his lawyer
- Mr Hamzy denies the charges and says his prison phone calls were about legitimate legal issues
The prosecution alleges Mr Hamzy told a man he was trying to recruit for a proposed Wollongong arm in 2017 and that the group was moving forward with fresh ideas.
Downing Centre District Court heard on Tuesday that man, known as Witness I, was reluctant at first.
“[Bassam said] he wanted to change. He said he got rid of all the snakes, he had many types of people in Brothers 4 Life,” Witness I told the court.
“He was saying, ‘Look we have accountants, we have lawyers in Brothers 4 Life, and we do legitimate things as well’.”
Mr Hamzy is on trial for allegedly directing an Illawarra drug ring while imprisoned at Goulburn Correctional Centre in late 2017 and early 2018.
The crown alleges he used coded phone calls with his then-lawyer, Martin Churchill, as cover to pass on instructions to underlings.
Mr Churchill allegedly facilitated secret three-way conference calls and sent texts to Witness I chasing up the status of planned drug deals, the court heard.
“Bassam is asking how much money he owes the lawyers,” one text message allegedly read.
Mr Hamzy is charged with supplying a commercial quantity of meth, dealing with $14,000 in the proceeds of crime and hindering the apprehension of a person.
The 44-year-old has pleaded not guilty to all charges and denies using code in the conversations, maintaining they were honest legal discussions.
He said the calls show him talking about “legitimate business” interests, such as property development, and importing shoes and bathroom accessories to sell.
On Monday the jury heard the crown’s case hinges largely on the evidence of two men involved in the drug operation, Witness I and Witness A.
Witness I, who the crown alleges supplied about 450 grams of “ice” on behalf of Mr Hamzy, told the court he recalled receiving a phone call from the inmate after he had agreed to join the gang.
He claimed a guarded Mr Hamzy gave the name of another ice dealer, and asked if he could do “what he does”.
“I knew exactly what he was talking about so he didn’t need to say any more.”
Crown prosecutor Adrian Robertson told the court references to legal fees was code for the amount of drugs to supply, with $4,000 meaning 4 ounces.
The court heard Witness I allegedly dealt the drugs to a woman — referred to as “b” or “barrister” in the texts — over five meetings, including several in a KFC car park.
“Have you paid b?” Mr Churchill allegedly wrote to Witness I in December 2017.
He replied: “I saw her on Monday and paid her fees.”
Witness I explained to the court how Mr Hamzy’s directions were allegedly passed on to him through conference calls.
“There was times where I would be on the phone to Martin, and he would say, ‘Can you be quiet please, Bassam is going to call me soon from supermax on a privileged call’,” he said.
“And I would just be in the background listening to the conversation.”
Defence barrister Dennis Stewart has told the court his client denies any knowledge of Witness I’s drug dealing.
The defence case is that Mr Hamzy relied on people outside of prison to chase up his legal matters, and also to help in assisted his friends financially.
The jury heard Mr Hamzy also spoke to Witness I about his “legitimate business interests”, including selling shoes and bathroom accessories.
Mr Hamzy concedes he passed on the woman’s phone number to Witness I, but claims she was an associate who needed support.
“The case for the accused was there was no arrangement, or plan or discussion, about Witness I supplying drugs to [the woman],” Mr Stewart said.
Mr Stewart said Mr Hamzy claims he has been “falsely implicated” in drug supply by Witness I, who was on parole for drug offences at the time and in “deep trouble” when arrested by police.
The crown also alleges Mr Hamzy organised the payment of $4,000 to Witness A while Witness A was avoiding police after committing a serious offence in February 2018.
Mr Hamzy does not deny giving the money but says he was “given no information” as to why Witness A was on the run.
The trial before Judge Antony Townsden continues.