Get all your news in one place.
100’s of premium titles.
One app.
Start reading
The Canberra Times
The Canberra Times
Tim Piccione

Prosecutors oppose man's release because they 'think he's a bikie', court told

A man's application for conditional release into the community has been opposed because of his alleged affiliations with an outlaw motorcycle gang, a court has heard.

"[Prosecutors] think he's a bikie and therefore bail should be refused," defence lawyer Peter Woodhouse told the ACT Magistrates Court on Tuesday.

Yazin Al Naqib, 35, pleaded not guilty to failing to comply with an order made by a magistrate before being released on bail.

He failed in his first bid for freedom last week when alleged co-offender Domenico Luca Costanzo, 28, was granted bail.

The two men were arrested last Tuesday during a series of police searches carried out across the territory targeting the sale and distribution of drugs.

The court heard the alleged co-offenders could also face drug-related charges after police found "items consistent with drug trafficking" during the search of a Gungahlin home.

Yazin Al Naqib leaves court on Tuesday. Picture by Tim Piccione

Al Naqib is accused of refusing to provide police with passcodes to a laptop and phone, which a magistrate previously described as a "flagrant disobedience of the law".

Costanzo, who faces charges of perverting the course of justice and possessing a prohibited article, allegedly distracted police officers and threw his phone from a thirteenth-storey balcony.

During the search, police found a suspected pill press, a large quantity of yellow tablets, clip-seal bags containing white powder and a crystalline substance, scales and cash.

Mr Woodhouse said a bail consideration form tendered to the court offered two different assertions about Al Naqib's involvement with the Finks motorcycle club.

Yazin Al Naqib leaves court with lawyer Peter Woodhouse, who successfully argued for the alleged offender's release. Picture by Tim Piccione

The document, the court heard, stated both that his client was a "well-known" member of the gang, and that "police suspect he is a member".

"Nothing more than suspicion by police," Mr Woodhouse said.

A prosecutor previously said Al Naqib had been seen wearing Finks colours on multiple occasions.

On Tuesday, a prosecutor opposed the man's application on the same grounds heard last week, being the likelihood the man would commit crimes and interfere with the investigation.

Mr Woodhouse said police had already seized any evidence needed for the investigation.

The lawyer told magistrate Glenn Theakston Al Naqib's alleged bikie ties were speculative and could not assist the court "one iota" in assessing the man's chances of offending.

Domenico Costanzo covers his faces from media cameras as he leaves last week with lawyers Michael Kukulies-Smith (left) and Michael Mascitti. Picture by Tim Piccione

There could be a "considerable delay" before allegedly illicit substances found during the search could be tested in a laboratory, Mr Woodhouse also said.

Further charges are unlikely to be laid before those tests.

The prosecutor confirmed the testing facility "has some backlogs".

Mr Theakston ultimately granted Al Naqib's bail but noted it was "very suspicious [the alleged offender] failed to provide the details to allow access to his mobile phone".

Conditions of Al Naqib's release include him not contacting a number of people, surrendering all passports, only possessing one mobile phone and not downloading any encrypted messaging applications.

He is set to face court again in November.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.