Police said Alfathly had a motorbike, which was registered to a member of the Head Hunters, inside the barber shop he owned and patched members were regular clients there. One of Alfathly’s employees, who has since purchased the business from him, was also a close associate of the gang.
Alfathly accepted he previously had friends who were Head Hunters but he denied having any recent involvement with them and said he was no longer involved with anyone associated with gangs.
Police, in their opposition to his licence, claimed Alfathly also had a history of aggressive, non-compliant and anti-social behaviour.
They bullet-pointed several incidents, the most recent in 2022 when they said Alfathly was verbally abusive and hostile when dealing with North Shore Hospital employees in relation to his brother. It resulted in hospital staff getting police support to uplift Alfathly’s brother.
In April 2020, Alfathly was given two warnings for breach of Covid-19 level four breaches after being found with others outside of his bubble.
In September 2018, he and two others were charged with assault. One of the co-accused was a patched Head Hunter and the other was Alfathly’s brother, a man who police say was a Head Hunters associate. Alfathly pleaded guilty to the charges but was discharged without conviction on payment of $1000 reparation.
In March 2018, Alfathly participated in an assault in association with his brother and a patched Head Hunter. He was not charged with any offence.
In 2011 and 2014, Alfathly was given formal warnings for fighting in a public place.
Putting past mistakes behind him
Private Security Personnel Licensing Authority chairwoman Patricia McConnell said in the decision that she considered Alfathly’s association with the Head Hunters was significantly closer than what he said now.
“However, the only evidence of gang association in the four years since his last application for a certificate of approval was declined is in relation to his former business which he sold in 2022.
“In addition, none of the incidents police have outlined where Mr Alfathly has demonstrated aggressive, violent, or anti-social behaviour have resulted in convictions and the majority were several years ago.”
The evidence provided by police may have been sufficient to decline Alfathly’s application if they had filed their objection within the set five working days time limit and before Alfathly’s application was granted.
However, the police did not file their objection until more than a month after Alfathly had filed his application and three weeks after his certificate of approval had been granted.
“Therefore, for Mr Alfathly’s certificate to be cancelled the police need to establish that he is no longer suitable to carry on the business to which his certificate relates because of his character, circumstances, or background.
“Mr Alfathly says he has worked hard to put his past mistakes behind him and live a life aligned with the values and morals with which he was raised.
“This is supported by a reference he has subsequently provided from a licensed security operator and trainer who considers Mr Alfathly will make a good security worker.”
Alfathly’s last recorded association with the Head Hunters was before he sold his barber business in 2022 and most incidents of anti-social or aggressive behaviour were several years ago with only one in the past three years.
“I, therefore, conclude that while some aspects of the police complaint have been established, they have not proved that Mr Alfathly is no longer suitable to be a certificate holder and that his certificate of approval should be cancelled,” McConnell said.
The authority dismissed the police complaint but said a new one could be lodged with a request for the immediate suspension of Alfathly’s certificate of approval if there was new evidence of a recent close association between him and any gang members, he comes to police attention for aggressive or violent behaviour, or he contravenes the Private Security Personnel and Private Investigators Act or fails to meet his responsibilities as set out in that act.
