An underworld murder trial jury has been discharged after a judge found extending deliberations further into a fourth week would only be delaying the inevitable
Acting Justice Robert Allan Hulme discharged jurors sitting on the NSW Supreme Court trial of Samuel John Rokomaqisa on Thursday after he found there was no possibility of them reaching a decision.
Rokomaqisa pleaded not guilty to murdering Hamze crime family boss Bilal Hamze in June 2021 as well as conspiring to murder younger brother Ibrahem Hamze and assaulting an elderly man during a carjacking.
The jury entered its fourth week of deliberations on Tuesday, having retired to consider verdicts on September 23.
But the foreperson told Acting Justice Hulme on Wednesday there was no likelihood of reaching even a majority 11-to-one verdict on any of the charges.
Acting Justice Hulme thanked the jurors for their lengthy service since the trial commenced in early August.
"You've been here a lot longer than anyone thought you would be," he said on Thursday morning.
"It is disappointing ... a criminal trial can go this long and not have a decision either way.
"That's part and parcel of the jury system."
Bilal Hamze was shot multiple times after walking out of a Japanese restaurant in Sydney's city centre in an apparent retaliation for earlier gang violence.
He suffered wounds to his abdomen, hip and elbow, and later died in hospital.
It is alleged Rokomaqisa committed the crimes to demonstrate his loyalty to the rival Alameddine gang and gain their trust so they would employ him.
But his lawyer claimed no eyewitness evidence placed the Fijian man inside the black Audi seen to circle the block and pause beside Bilal Hamze when the rounds of shots were fired.
Evidence from people near the scene at the time of the shooting said the windows of the car were "heavily tinted" and the shooter had a mask from the nose to the chin.
Rokomaqisa will return to court on November 7 to hear whether he will face a retrial.
