NSW: Guns, maps, Fahda addresses found in car: court
20 Mar 2009 5:19 PM
Eds: Corrects spelling of co-accused's surname.
SYDNEY, March 20 AAP - A Sydney man accused of planning to avenge the shooting murder of his brother has been denied bail, despite pleading for release to help care for his dead sibling's children.
Michael Darwiche, 40, sat quietly in the dock of Bankstown Local Court on Friday as his barrister argued for bail on eight firearms charges.
Darwiche is the brother of Abdul Darwiche, shot dead in a hail of bullets in front of his children near a Sydney service station last Saturday.
Since the killing, there has been speculation a long-standing gang feud between the Darwiches and the rival Razzak and Fahda families would be reignited.
Darwiche was arrested about 9pm (AEDT) on Thursday at Bankstown.
"At 9pm yesterday the defendant was the passenger in the front seat of a motor vehicle driving along Salvia Avenue in Bankstown," barrister Michael Coroneos told the court.
The blue BMW was subsequently searched by police, with Darwiche claiming he and the driver, Michael Darwick (Michael Darwick), were on their way to a McDonald's restaurant.
However, underneath the rear passenger seat of the BMW, police allegedly found a Glock 23 pistol and an amount of ammunition, a street directory, and the names and addresses of the Fahda family.
"There is nothing to suggest that he (Michael Darwiche) had knowledge of the existence of the firearm when he got in the front passenger seat," Mr Coroneos said.
He insisted the police case relied wholly on speculation.
"There is nothing that can be placed before this court that this person has done anything to ... present a danger to the community," he added.
Mr Coroneos argued his client, a director of a construction company, should be granted bail to continue his business and financially support his wife and five children, as well as the children of his murdered brother.
Sergeant Wayne Druery admitted much of the evidence was speculative but asked Magistrate Paul Falzon to consider the protection of the community and refuse bail.
"This defendant comes before you not on one matter in which there is no presumption in favour of bail, but two," Sgt Druery said to Mr Falzon.
"It is true that we are still waiting on scientific evidence, but we say at this stage that there is strong circumstantial evidence."
Mr Falzon noted Darwiche's strong community ties and willingness to provide surety in excess of $800,000 and surrender his passport, but denied bail.
Darwiche is due to face Sydney Central Local Court on May 14 by audio visual link.
He and his co-accused face eight charges, including unlicensed possession of an unregistered firearm and being armed with intent to commit an indictable offence.
Darwick, 36, did not apply for bail and is due before Sydney's Central Local Court next Friday.
