A former Canberra bikie boss who is "old enough to know better" has been sentenced to jail for unleashing an offensive tirade about a police officer while his phone was tapped by the subject's colleagues, who heard him threatening to "f---" the man's wife.
Mohammed Nchouki, 42, was sentenced by the ACT Supreme Court on Wednesday to a five-month term to be released after three months after he pleaded guilty to a charge of using a carriage service to menace, harass or cause offence.
The former Canberra Nomads president committed the offence during a phone call with younger brother Jomal Nchouki, who was sentenced earlier this year to jail for drug trafficking, in May 2021.
During the call, which was previously played to the ACT Magistrates Court, the elder Nchouki made aggressive comments about a senior constable to "make him feel better" after being arrested by that particular officer.
"Brother, you gotta understand, that f---in' dog who is listening to us right now, that [name], that cocksucker, I'm gonna find his wife and I'm gonna f--- her," he said.
"You understand? That putrid piece of f---in' shit wants to f---in' make us look like dogs. He knows we're more solid than that motherf---er ever will be, you understand?"
Later in the call, he said he would "cave [the officer's] f---in' head in".
He spent about a month behind bars on remand before being granted bail last year by magistrate Louise Taylor, who likened him to "a wannabe gangster in a B-grade film".
The sentence imposed by Justice David Mossop incorporates a recognisance release order permitting the offender's release after serving three months on the condition he be of good behaviour for two years thereafter.
Sentencing proceedings began on December 2 when Justice Mossop said the offensive, menacing or harassing conduct was "because of the risk" the comments could reach police.
He said the offender being in his 40s was "old enough to know better".
"He has demonstrated no remorse or acceptance for the conduct," Justice Mossop said.
The judge found the offender's prospects of rehabilitation to be modest and that his commitment to his family was unfortunately "not indicative to being on track to lawful conduct".
He said he did, however, accept the argument that the offender did not know the statements would be brought to the attention of a police officer.
Defence barrister Steven Whybrow argued the call was believed to be private and it was not a direct threat to the officer over the phone.
Mr Whybrow said Nchouki was trying to provide, "in an unusual way", comfort and support to his brother who had been recently arrested.
The recklessness came down to Nchouki being "aware the police play a close interest" and there was a possibility the officer was listening to the call.
Mr Whybrow said the officer who listened to the call was not the one Nchouki was talking about and it was only brought to the senior constable's attention after the first officer listened.
Prosecutor Beth Morrisroe mostly had no issues with Mr Whybrow's submissions but said the discussion about the officer's wife was particularly concerning.
"Some of the content is offensive, some of the content is much more in the category of menacing particularly in regards to the officer's wife," Ms Morrisroe said.
The offender was initially charged with multiple serious offences, including threatening to inflict grievous bodily harm and using a carriage service to threaten serious harm, to which he pleaded not guilty.
Those charges were dismissed by Magistrate Robert Cook earlier this year after a contested committal hearing.
