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The Canberra Times
The Canberra Times
Tim Piccione

Alleged bikie refused police access to phone over 'certain porn'

An alleged bikie refused police access to his phone because he was worried about "certain porn" on the device, a court has heard.

"Things that I've got left on this device is just private," the man told officers in September last year during a search of his home.

Yazin Al Naqib's decision not to hand over a passcode would see him spend a week behind bars and be convicted of failing to comply with an order made by a magistrate.

The ACT Magistrates Court heard last year Al Naqib, 35, was a "well known" member of the Finks outlaw motorcycle gang.

However, defence lawyer Peter Woodhouse has previously argued this was nothing more than a suspicion by police.

No evidence was offered about the man's alleged gang ties on Wednesday, when Al Naqib was handed a four-month prison sentence suspended after the time he had already spent in custody.

He was also ordered to serve an effective 18-month good behaviour period and fined $1000 after admitting to the crime.

Yazin Al Naqib arrives at court on Wednesday. Picture by Tim Piccione

The court heard this particular instance of refusing an order was different than most.

"This is not a case of blatant disregard of a court order on Mr Al Naqib's part," Mr Woodhouse said.

The lawyer explained his client was not aware a magistrate could make an order forcing him to give access to his phone, which Al Naqib claimed stored things that showed "what I get up to sexually".

"I get lots of anxiety with this," police body-worn camera footage captured the offender saying during the search of a Gungahlin home.

"I'd like to sit down face to face with my lawyer and discuss it in person ... I need to understand my rights as an Australian, as a human being."

Yazin Al Naqib, left, and defence lawyer Peter Woodhouse. Picture by Tim Piccione

The court heard Al Naqib was apologetic to police but despite speaking with his lawyer over the phone, still refused the order before being arrested.

Mr Woodhouse said Al Naqib's concern about how information on his sex life would be handled didn't excuse the offence but "makes it more understandable".

The court heard the facts surrounding the order and arrest were "somewhat vanilla" after peripheral material had been withdrawn from relevant court documents.

That peripheral material related to police finding items they claimed were "consistent with drug trafficking" during the search.

Al Naqib has never been charged over these items.

Magistrate Ian Temby said the man had a significant criminal history, which involved offences related to drugs, assault, weapons, threatening a Commonwealth official, and driving.

Yazin Al Naqib leaves court last year after being granted bail. Picture by Tim Piccione

A prosecutor previously submitted Al Naqib had been seen by police in Finks colours numerous times.

On Wednesday, the court heard Al Naqib was working full-time as a traffic controller in Sydney and had made several positive changes in his life.

"He's steering clear of negative social influences," Mr Woodhouse said.

Mr Temby said general deterrence was a significant factor in sentencing the man.

"You can imagine the challenge that is presented to police when they're trying to collect information where they're reliant on a warrant to carry out an investigation," the magistrate said.

"People need to comply with the terms of those orders."

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