FORMER Comancheros bikie boss Mahmoud "Mick" Hawi has won his fight to be re-tried over the 2009 murder of a rival gang associate at Sydney Airport.
The Criminal Court of Appeal quashed Mr Hawi's 28-year jail sentence on the grounds the panel could not be satisfied it was he who caused the blow that killed Hells Angels associate Anthony Zervas. Mr Hawi was one of six gang members arrested over the murder.
His legal team argued the guilty verdict did not correspond with the acquittal of the others.
While there was not a consensus amongst the panel - Chief Justice Tom Bathurst said he would have acquitted Mr Hawi while Justice Lucy McCallum would have let the sentence stand - they settled on a retrial.
A date is expected to be set next month.
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