FADI Ibrahim has escaped a conviction for possessing steroids because police failed to check who the drugs belonged to.
The younger brother of Kings Cross nightclub boss, John Ibrahim, faced Hornsby Local Court this morning charged with nine counts of possessing steroids without a prescription.
The drugs, in liquid and pill form, were found in a kitchen cupboard, a bedroom and a wardrobe of his Castle Cove home during a police search on December 23 last year.
In a hearing of the case, police confirmed they charged Ibrahim without checking how many people were living at the house. The court heard that another man, Alla Kassoua, was living with Ibrahim at the time.
Police Prosecutor Richard Taylor said even if the steroids were not Ibrahim’s, he must have known they were in his house because some of the drugs were found near his bank books and beside a pill box containing medication he took daily.
Ibrahim was taking large doses of prescription drugs at the time while he recovered from gunshot wounds.
The 35-year-old was shot five times at point blank range as he sat in his luxury Lamborghini with his girlfriend in June last year.
Mr Taylor said the charge of possession extends to knowledge of a substance and failure to do anything to remove it.
“The fact is (Ibrahim) knew they were there and he did nothing about it,” he said.
But Ibrahim’s defence lawyer, Brett Galloway, said there was no case for his client to answer as the police could not prove beyond reasonable doubt that the steroids were his or that he knew of their existence.
He said the police hadn’t done their job properly and the court couldn’t rule out that the drugs belonged to Mr Kassoua, who was not charged.
Magistrate McGowan agreed that the prosecution case had not been proved and she dismissed all charges.
In applying for the prosecution to pay Ibrahim’s legal costs, Mr Galloway said the police had “unreasonably” pursued the case against his client because of his “infamous family” – a suggestion Mr Taylor dismissed as “outrageous.”
“There was a link between the substances he had been prescribed and the restricted substances found…they were side by side,” Mr Taylor said.
“It was reasonable to commence proceedings and continue with them.”
Magistrate McGowan will make a decision regarding costs this afternoon.