A former Canberra bikie boss has beaten two "hopeless" charges that alleged he had threatened a police officer through a tapped phone.
As he dismissed the charges, magistrate Robert Cook found Mohammed Nchouki could not have known for sure that his calls were being listened to when he ranted and raved to his brother about the officer.
But Nchouki is not out of the woods, with a third charge committed to the ACT Supreme Court for trial.
Nchouki, 41, was arrested last June and charged with threatening to inflict grievous bodily harm, using a carriage service to threaten serious harm, and using a carriage service to cause offence.
The allegations related to a phone call in which the former Canberra Nomads president, likened by magistrate Louise Taylor to "a wannabe gangster in a B-grade film", mouthed off to his brother Jomal.
Prosecutors alleged Nchouki knew police were eavesdropping on this call because, among other things, he named the officer in question and referred to him as "that f---ing dog who is listening to us right now".
Nchouki spoke, during the expletive-laden tirade, about wanting to "cave his f---ing head in".
He also, as Mr Cook put it, made comments along the lines of, "I know you're listening, [officer], and I'm going to come around and I'll get you".
The 41-year-old Calwell builder, who pleaded not guilty to all charges, was granted bail after nearly a month behind bars on remand.
He then faced a contested committal hearing in the ACT Magistrates Court in February, when defence barrister Steven Whybrow argued he should not need to stand trial in the Supreme Court.
Mr Whybrow told the court his client had been talking "absolute rubbish" in the call, rather than discussing actual plans.
He said Nchouki was largely big-noting himself and using throwaway lines while agitated, knowing it was possible police were listening because a tap on his phone had been revealed to him a few months prior.
But Mr Whybrow argued that was the height of it because Nchouki could not have known for sure that police were still intercepting his calls.
He said the threat charges were therefore "hopeless" because they required Nchouki to make the threat to the officer, who was not actually the person listening to the intercepted calls, with an intention that the first constable feel fear.
Mr Cook agreed in a recent decision that these charges should be dismissed, finding the prosecution had failed to establish that Nchouki knew his calls were still being intercepted.
"How could he [know]?" Mr Cook asked, finding Nchouki merely suspected this was the case.
Mr Cook decided to commit Nchouki for trial on the charge of using a carriage service to cause offence because the allegation rested on whether a reasonable person would consider his conduct offensive.
That issue will be determined by a Supreme Court jury at a later date.
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