Sydney underworld figure Hassan "Sam" Ibrahim has been jailed after a Supreme Court judge found that he posed an "unacceptable risk" of reoffending and revoked his bail.
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In a new twist in the ongoing debate over the state's new bail laws, Justice Peter Hidden overturned a previous decision to release Ibrahim pending his criminal trial for alleged participation in a major western Sydney firearms ring.
The former chapter president of the Nomads bikie gang is accused of conspiring with his sister and the drummer of rock band Rose Tattoo, Paul DeMarco, to sell multiple illegal firearms across western Sydney, following a long-running police operation which netted 18 guns.
He is also appealing recent convictions for intimidating police and threatening to kill a former business associate.
But on Friday Justice Peter Hidden upheld an appeal against Ibrahim by the Director of Public Prosecutions.
The former bikie was immediately taken down to the cells as his supporters looked on.
Justice Hidden accepted the DPP's argument that Ibrahim was an "unacceptable risk" of committing further offences if allowed to continue living in the community, and that these could not be mitigated by any bail conditions that he might impose.
"Mr Ibrahim this was not an easy decision, but on reflection I've found that the Crown's application has been made out," Justice Hidden said.
"The primary thrust is that there is an unacceptable risk of the commission of further offences, and when these relate to firearms that represents an unacceptable risk to the safety of the community."
Justice Hidden noted that Ibrahim had a lengthy criminal history which included offences of violence, and that at the time the gun supply offences were alleged to have been committed he was on bail for the offence of using a carriage service to threaten to kill.
He accepted the submission by Ibrahim's solicitor that the case against his client was a circumstantial one, but found there were reasonable prospects of a conviction.
He also noted that the 48-year-old reportedly suffers from Post Traumatic Stress Disorder following a 2011 drive-by shooting in which he was shot in the legs.
However, Justice Hidden noted that "the offences are all the more alarming given they were committed by a man who was himself a victim of crime".
Coming after a string of high profile successful bail applications, including the release of accused murderer's Mahmoud Hawi and Stephen Fesus, Friday's decision represents a significant development in the interpretation of the new laws.
The laws replace the presumption against granting bail for serious offences such as murder with a broad consideration of whether an accused person poses an "unacceptable risk" of reoffending, failing to show up for trial, or of harming a witness or member of the community.
