AAP

Crown 'doesn't oppose bail' for Ibrahim

By Margaret Scheikowski, AAP October 30, 2009, 7:28 pm

Seriously-injured gunshot victim Fadi Ibrahim will learn on Tuesday whether he will be granted bail, which is still not being opposed by the crown.

At his resumed bail hearing on Friday, Nicole Paul, for the crown, said its position on bail had not changed despite Ibrahim now receiving medical attention at Sydney's Long Bay jail hospital after being moved from Goulburn prison.

"I accept this is an unusual position to be taken by the crown," she said in the NSW Supreme Court.

"But the injuries suffered by this applicant were most unusual and the delay in treatment was most unusual."

She said the crown conceded that from the time Ibrahim was taken into custody on September 25 until about October 26, he did not access or was not assessed for medical treatment.

Last month, Ibrahim, his brother Michael and three other men were charged with conspiracy to murder 37-year-old John Macris.

During the bail hearing, Justice Peter Johnson was told the crown alleged Mr Macris was targeted as the plotters thought he was involved in the shooting of Fadi Ibrahim.

In June, Ibrahim was shot five times as he sat in his car with his girlfriend outside his northern Sydney home.

As a result, his stomach and part of his oesophagus were removed and he suffered nerve damage and several broken bones.

At the start of his bail hearing last week, Ibrahim gave evidence about not receiving the necessary specialist care or food in Goulburn prison.

In his submissions on Friday, his lawyer Brett Galloway referred to Ibrahim's strong community ties, the large sum of $1 million that could be posted as surety and the long delay before any trial would take place.

He also described the crown case against Ibrahim as "weak", after Ms Paul conceded that "at its highest" it related to two phone calls.

Mr Galloway said "no acts or declarations" were directly attributed to Ibrahim in relation to the conspiracy, save it being asserted by police that his role was to obtain a photo of Mr Macris.

But Mr Galloway said that in the alleged relevant conversation Michael Ibrahim asks his brother for a photograph, saying whether a "photo of me, you and Sam has been obtained".

In not opposing the application, Ms Paul said the crown did propose "very stringent" bail conditions be set.

She said the role of Ibrahim in the alleged plot was "more limited than other co-offenders" and she conceded the preparation of the crown brief could take some time as it included about 7,000 intercepted phone calls.

The judge will give his decision on Tuesday.

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