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The Canberra Times
The Canberra Times
National
Blake Foden

'B-grade gangster' bailed over 'largely senseless' rant

A former Canberra bikie boss likened to a character in a "B-grade gangster film" has been granted bail on charges laid over what a magistrate has described as a "largely senseless" tirade about a police officer.

Mohammed Nchouki, 40, walked free from the ACT Magistrates Court on Wednesday morning after spending just shy of a month behind bars on remand.

Police arrested the builder and one-time Nomads chapter president outside the same court on June 1, a little more than a week after he was recorded ranting to brother Jomal Nchouki on the phone.

In the expletive-laden call, which was played during Mr Nchouki's bail application, the 40-year-old makes a number of homophobic slurs about a specific officer and speaks about tracking down the man's wife to "f---" her.

He also tells his brother he is going to "cave in" the head of a person the prosecution alleges is the same police officer.

Mohammed Nchouki, left, leaves court on Wednesday with brother Jomal Nchouki. Picture: Blake Foden

The prosecution claims Mr Nchouki knew police were tapping his phone at the time in question on May 23, citing times he made references like "that f---en dog who is listening to us right now".

The officer discussed in the call arrested Mr Nchouki last year on charges that remain before the courts, including conspiracy to pervert the course of justice.

He is also a key figure in an ongoing drug trafficking case against Jomal Nchouki.

The latest allegations against Mohammed Nchouki, who denies four charges including threatening a witness in judicial proceedings, include that he intended for the officer to hear his comments.

But the former bikie boss took the witness stand last week and insisted he was just "trash-talking" and trying to make his brother "giggle", believing the pair were just having a private conversation.

He said he did not know if the officer in question even had a wife.

Jomal Nchouki, right, leaves court with brother Mohammed. Picture: Blake Foden

Jomal Nchouki also gave evidence, telling the court he had believed the police officer was responsible for rumours about him being "a snitch".

He said he did not take anything Mohammed said in the call seriously because he thought his brother was just trying to cheer him up with "banter".

On Wednesday, Magistrate Louise Taylor said she found it "very odd" that it took police so long to arrest Mr Nchouki if there were indeed serious concerns about the 40-year-old's supposed threats.

"There was no greater protection for the complainant than the arrest of [Mr Nchouki]," she said.

Ms Taylor also noted there was no suggestion Mr Nchouki had sought to act on his comments in the period between making them and being taken into custody.

She said she would not go so far as agreeing with defence barrister Steven Whybrow that the charges against the 40-year-old were "doomed to fail", though she did not think the prosecution case was strong "at all".

Builder and former bikie boss Mohammed Nchouki. Picture: Facebook

Ms Taylor reiterated remarks she made last week, saying Mr Nchouki sounded on the recorded call as if he was doing "a fairly bad impersonation of a wannabe gangster in a B-grade film".

"[He resembled] a character desperate to impress with his big talk ... and bravado," the magistrate said.

She described Mr Nchouki's comments as "a largely senseless rant", unaccompanied by any indication of a specific plan to carry out the alleged threats.

Ultimately, Ms Taylor said she was satisfied any risks posed by the builder could be mitigated by bail conditions, adding that the 40-year-old did not have any convictions for violent offending, intimidation or failing to appear in court.

She released Mr Nchouki on conditions including that he live at a Calwell address and stay home between 8pm and 6am each night.

The former bikie boss is also banned from being within 200 metres of the police officer named in the recorded phone call, as well as contacting, intimidating, threatening or harassing him.

Mr Nchouki is due back in court on July 16.

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