A man charged over an alleged plot to murder Sydney identity John Ibrahim has been denied bail despite his lawyer proposing "extremely restrictive" conditions including house arrest, electronic monitoring and a surety of up to $1.4 million.
Yousif Zrayka has been in custody since July, when he was arrested alongside Siaosi Maeakafa Tupoulahi after reports of armed men in Sydney's eastern suburbs.
The 21-year-old was accused of being the driver as the pair allegedly mistakenly stopped two vehicles of the same make and model as Mr Ibrahim's, near where he lives.
The alleged conspiracy to murder involved stolen getaway vehicles with cloned plates, balaclavas, gloves, jerry cans of fuel and loaded pistols.
Mr Zrayka's counsel Ertunc Ozen SC told the NSW Supreme Court on Tuesday the nub of the case would be whether the Crown could prove the nature and scope of the agreement.
"The [alleged] facts show these two were not in the area for an innocent purpose, I have to concede that," he said during a bail application.
Mistaken identity shows lack of planning, defence argues
One phone in the defendant's vehicle had been sent directions to Mr Ibrahim's address, the court heard.
Mr Ozen said the alleged plot may not have involved a murder, but other serious offences such as carjacking, kidnapping, issuing some kind of threat, or extortion via a relative.
He argued in court that it was "highly unlikely" that if great effort had been put into planning for a specific target, a participant of a conspiracy would simply miss that the two other vehicles stopped came out of a different address.
"I wouldn't underestimate the human capacity for stupidity, in any endeavour," Justice Mark Ierace replied.
Mr Ozen also argued his client was a young man who had never been in custody and his trial may not be held until early 2026 "at best".
Mr Zrayka's proposed conditions included living with his family and an ankle bracelet that would trigger an alarm if he left the house.
His family offered a $500,000 surety through equity of their home, which could be increased to $1.4 million.
Caroline Ervin, for the Crown, told the court that if the plan was to extort or kidnap, there would not be need for the firearms to be loaded.
"It's the Crown's submission that the only reason that those firearms were loaded was so they could be used in that conspiracy to commit that murder," she said.
Ms Ervin said extensive examination of a phone showed much of the planning and lead-up happened through the device.
"The concern there is he is still capable, even in his own home, of using a telephone to commit offences."
Court hears accused found with strapped cash on flight
The court also heard Mr Zrayka was on a conditional release order at the time for two charges, including goods in custody and possessing a small quantity of testosterone.
The police facts in that previous matter alleged he travelled to Tasmania, returned the same day, and was searched at the airport by police who allegedly found $45,000 in cash strapped with cling wrap to his lower back.
Justice Ierace denied bail, saying there appeared to be a strong prosecution case and possession of a loaded firearm suggested a preparedness to discharge it if necessary.
"As I understand it, investigations are ongoing and there may be further arrests," he said.
The judge said the alleged facts in the current case, along with the previous case, left open an inference of associations with organised crime.
The case against both men will return to court early next month.