A Queensland detective has apologised to Neil Brooks after aiming fresh fraud allegations at the Olympic swimming champion in a Brisbane court.
Five years after their arrest, Brooks, 60, and his wife Linda appeared at a committal hearing for an alleged $2 million business fraud in 2008.
However, they are free to return to their Bali home on bail after their defence team made a no case application on Thursday in a bid to have the charges dropped.
It is alleged they made dishonest representations to induce Glenn Melcheck and his wife to pay $2 million and buy 50 per cent of the Brooks' sports merchandise company before it failed months later in 2008.
But Detective Sergeant Derek Harris on Thursday accused Brooks of taking money from another business partner back in 2007.
"He (Brooks) got caught out and had to find a dummy investor which was Glenn Melcheck to pay back (other business partner's) debts,"" the arresting officer told the court.
Defence barrister Christopher Wilson replied: "Whoah. They fraudulently took money ... is that what you have just said?
"Have you charged the Brookses with anything as a result of that conduct?"
When Det Sgt Harris told him he had not, Mr Wilson said: "How dare you sit there ... and suggest they committed fraud back in 2007 when you have laid no charge."
Det Sgt Harris then looked over at Brooks and his wife and said: "I retract that statement. I apologise for making that statement".
Mr Wilson said Mr Melcheck claimed he relied principally on his accountant - not Brooks - when making a decision to invest in their company.
Det Sgt Harris agreed that Mr Melcheck's accountant was critical to the Brooks case but had refused to give evidence.
"He failed to do his due diligence which caused this whole drama ... if (he) did that, we wouldn't be here today," he said of the accountant.
When Det Sgt Harris said the accountant was not giving evidence because he refused to speak to him, Mr Wilson replied: "Detective, have you heard of a subpoena?"
Brooks also complained that police had not interviewed him.
"We've never been questioned in 14 years," he told media outside court.
Det Sgt Harris claimed Brooks' lawyers told him on the phone that the Olympic gold medallist was not to be interviewed.
But Mr Wilson said Brooks' lawyers spoke to police after Mr Melcheck made fraud allegations against the ex-swimming champ in a 2012 TV interview and had offered interviews ever since.
"Well, he has all my details. At any point over the last six years he could come over here and be chosen to be interviewed by me," Det Sgt Harris said.
The arresting officer said there was a "finger pointed at me" about being "in cahoots" with the witnesses including Mr Melcheck after being grilled over his investigation.
"I did not facilitate their responses provided," Det Sgt Harris told the court.
Brooks said he was "quite emotional but happy" after the no case application was made to magistrate Peter Saggers when the hearing concluded on Thursday.
"We are happy with how it went. It was nice to finally have our story heard," he told reporters.
Brooks earned fame as part of Australia's champion "Mean Machine" freestyle relay team, winning 1980 Olympic 4x100m medley gold before becoming a high-profile TV sport presenter.
The matter was adjourned for mention in Brisbane Magistrates Court on December 8.
