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Posted: 2014-12-19 14:03:13
Omar Succarieh after his arrest in September.

Omar Succarieh after his arrest in September. Photo: Seven News

Police have been left red-faced after failing to explain why bail shouldn't have been granted to a man charged with extortion and supporting a terrorist organisation.

Omar Succarieh will remain in custody until a separate Supreme Court bail application over the terror charges occurs in late January.

However, a successful bail verdict in the Magistrates Court on Friday, relating to the extortion charge, was one of two hurdles he needed to clear to achieve his goal of being released ahead of his criminal trial.

Mr Succarieh was arrested in September as part of terror-related raids in Brisbane and charged with sending money and planning to join terrorist group Jabhat al-Nusra.

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His brother Ahmed Succarieh is believed to be Australia's first suicide bomber, while another brother Abraham is believed to be fighting for Jabhat al-Nusra in Syria.

Mr Succarieh's bail application in the Magistrates Court related to the alleged $10,000 extortion of a Brisbane cafe owner in March this year.

He was already in custody for the alleged terror offences when on December 5 he was issued with a notice to appear in court over the extortion charge.

The notice allowed Mr Succarieh to apply for bail, with the emphasis on police to prove why the application should be rejected.

However, prosecutor Philippa Miller-Ibos failed to give any reasons, saying that the arresting officers had not provided her with those details.

Ms Miller-Ibos said she believed there was a cross-over between the alleged terror and extortion charges, but did not have that information on hand.

Her request to adjourn the hearing was rejected by Magistrate Wendy Cull.

Magistrate Cull said the notice to appear was issued 17 days earlier and there was "no meaningful opposition to bail".

Mr Succarieh appeared in good spirits when he was brought into court, winking and waving to several supporters who sat in the public gallery. He was dressed in a blue t-shirt, jeans and slippers.

The accused paid close attention to the court proceedings, often quietly muttering to himself. He grinned when Magistrate Cull granted bail. 

Meanwhile, Australian Federal Police are expected to complete a full brief of evidence against Mr Succarieh and another man, Agim Kruezi, over terrorism-related charges by January 30, 2015.

Mr Kruezi's charges include planning a domestic terror attack, and plans to travel and recruit people to join an overseas terrorist group.

Solicitor James Wallace, acting as a proxy lawyer for Mr Kruezi, said the AFP had failed to provide the man's legal team with any of the evidence against him.

AFP prosecutor Daniel Caruana said most of the material had been collected, but extra witness statements needed to be taken during the Christmas period.

He said reasons for the delay included security preparations for the November G20 Summit and transcribing several volumes of audio recordings.

Mr Caruana said police would hand-deliver the evidence to Mr Kruezi's lawyers, who declined an offer of email copies.

"Given the nature of the material, it wasn't going to be put in the post," Mr Caruana said.

The criminal cases for Mr Succarieh and Mr Kruezi will return to the Magistrates Court on January 15.

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