A jury has been discharged after failing to reach a verdict in the case of one of two brothers charged with plotting to bring down an international flight using a bomb hidden in a meat grinder.
Brothers Mahmoud and Khaled Khayat were charged with conspiring to plan a terror attack in July 2017 by putting a bomb on an Etihad flight from Sydney to Abu Dhabi.
Prosecutors said the brothers made it as far as the airport check-in desk, before the plan was aborted because the bag was too heavy.
A jury in the NSW Supreme Court found Khaled Khayat guilty earlier this week.
But after more than four days of deliberations, jurors were unable to reach a verdict in Mahmoud Khayat's case.
Justice Christine Adamson today dismissed the jury from the Parramatta Supreme Court, meaning Mahmoud Khayat could face a re-trial at a later date.
Mahmoud Kayat's barrister Bruce Walmsley QC told the court his client offered "persistent and consistent" cooperation to authorities, including information about his family tree.
Mr Walmsley argued it was "incomprehensible" and "inconceivable" that a guilty man would be so helpful during a six-hour police interview.
He also cast doubt on whether the bomb even made it to the airport, suggesting it was possible it was dismantled prior to the trip.
Mr Walmsley said that during Khaled Khayat's police interview he mentioned on up to nine separate occasions that his brother Mahmoud had nothing to do with the alleged plot.
Speaking outside court Mr Walmsley said his client was "distressed" at the latest development.
He said he would be applying for bail for Mahmoud Khayat at a later date.
