A smiling Fadi Ibrahim has walked free from a Sydney jail on bail after a scuffle between his elder brother and the waiting media.
An emotional Ibrahim wiped away tears earlier yesterday as a Sydney court granted him bail on a charge of plotting a murder in retaliation for the shooting that nearly claimed his life in June.
Ibrahim won bail after the court and prosecutors accepted he was not receiving adequate medical care while on remand.
His stomach and part of his oesophagus had to be removed after the shooting, and he also suffered nerve damage and several broken bones.
The 35-year-old walked towards the gatehouse of Long Bay jail just after 5.30pm yesterday, to be greeted by family members.
He kissed his eldest brother, Hassan ''Sam'' Ibrahim, on the cheek and embraced bodyguard Semi Ngata, also known as Tongan Sam, before getting inside the black Mercedes sedan that had been permitted just inside the gates.
Sam Ibrahim, Tongan Sam and two other men had earlier driven up in that car, while Ibrahim's sister Maha Sayour pulled up at the jail in a silver Mercedes convertible driven by another man. Earlier, police officers descended on the jail after a television camera was knocked to the ground as Sam Ibrahim walked through the assembled media.
In releasing Ibrahim from custody, NSW Supreme Court Justice Peter Johnson imposed strict bail conditions, including a $1 million surety, daily police reporting and an 8.30pm to 6am curfew.
Ibrahim is also banned from contacting his four co-accused, including his brother Michael Ibrahim, a jail inmate.
Giving his decision in the Sydney court yesterday, Justice Johnson noted the crown's considered submission had been that bail ought to be granted to Ibrahim.
In June, Ibrahim was shot five times as he sat in his car with his girlfriend outside his Sydney home.
In September, Ibrahim, his younger brother Michael, Rodney Atkinson, Amerigo Gerace and Jim Said Habkouk were charged with conspiring to murder 37-year-old John Macris.
''The prosecution alleges that the motive for this conspiracy was mainly in retaliation for the attempted murder of the applicant,'' the judge said.
He noted Mr Macris had not been charged with any offence related to that shooting.
The judge did not accept a defence submission that the crown case against Ibrahim was weak, although he said it would depend upon ''a series of inferences being drawn to implicate'' him.
The crown case, which relies heavily on intercepted phone calls, is that Ibrahim arranged for a photograph of Mr Macris to be provided to Atkinson.
The hearing was told Ibrahim's fingerprints were not found on two photographs of Mr Macris found at Atkinson's home.
Justice Johnson said limited action had been taken to assess and treat Ibrahim's medical conditions while he was on remand at Goulburn jail.
Ibrahim gave evidence about surviving on a diet of rice bubbles, yoghurt and bananas, telling the judge he was not receiving the recommended extensive specialist care. Since his recent transfer to Long Bay jail hospital, a number of his medical issues had been addressed, the judge said.
But he said if Ibrahim stayed there, any outside treatment had to be through the public health system, with the associated inevitable delays.
''If the applicant was at liberty on bail, however, he would be able to undertake medical treatment as a private patient,'' he said.
In granting bail, Justice Johnson also noted Ibrahim's significant community ties and the absence of a record of failing to appear in court when required.
Ibrahim wiped away tears when the judge gave his decision.
He is next due to appear at Central Local Court on November 26.
Sam Ibrahim, a former Nomads bikie boss, has been charged with kidnapping a 15-year-old boy at Merrylands on April 1 and recklessly causing him grievous bodily harm.