Jailed former NSW Labor minister Eddie Obeid and his son Moses have again been refused bail pending their conviction appeals.
Obeid was jailed in October 2021 for at least three years and 10 months, his son for at least three years, and his former ministerial colleague Ian Macdonald for at least five years and three months.
After a lengthy and complex trial in the NSW Supreme Court, Justice Elizabeth Fullerton had found them guilty of conspiring for Macdonald to engage in misconduct as a minister between 2007 and 2009.
The then resources minister was found to have breached his duties by providing confidential information to the Obeids over a coal exploration licence which delivered a $30 million windfall to their family.
The three appeals filed by the conspirators have been listed for hearing in April 2023.
The NSW Court of Criminal Appeal on Friday refused applications by the Obeids for release on bail pending the hearing of the appeals.
A NSW Supreme Court judge also previously found no "special or exceptional circumstances" existed to grant bail.
One of Moses Obeid's latest submissions was that he will have served 18 months, half of his non-parole period, by the time his appeal is heard and, in all probability, a greater proportion by the time it is decided.
The court found while this was a relevant consideration, the weight to be given to it was limited.
Taken in isolation, the continued service of a sentence pending the determination of a conviction appeal was neither special nor exceptional.
The court also said that, at this stage, it could not be satisfied that the grounds of appeal carry a real likelihood that the conviction will be overturned.
Another matter in Eddie Obeid's application related to his health.
"His treating ophthalmologist had expressed the opinion that he requires monthly injections, which are, it appears, to be performed in a clinical setting not available in the correctional centre in which he is presently held," the court said.
"The evidence suggested that no such treatment had been provided since May 2022."
The court said prisoners serving sentences, whether awaiting an appeal or not, were entitled to proper health services.
"Release on bail is not generally the appropriate means of ensuring compliance with the State's obligations in that regard."
