Former NSW MP Eddie Obeid and his two convicted co-conspirators will remain in jail over Christmas after being refused bail.
Lawyers for the ex-Labor powerbroker, his son Moses Obeid and his former ministerial colleague Ian Macdonald on Tuesday applied in the NSW Supreme Court for bail pending the hearing of their conviction appeals.
The Obeids, in Cooma Correctional Centre, and Macdonald, in Lithgow prison, appeared by video link before Justice Helen Wilson, who told them bail was refused during a brief hearing on Friday.
She said her published reasons would be emailed to the men.
In October, Justice Elizabeth Fullerton jailed Obeid for at least three years and 10 months, his son for at least three years, and Macdonald for at least five years and three months.
After a lengthy and complex judge-alone trial, she had found them guilty of conspiring for Macdonald to engage in misconduct as a minister between 2007 and 2009.
The then resources minister was found to have breached his duties by providing confidential information to the Obeids over a coal exploration licence which delivered a $30 million windfall to their family.
The Crown opposed bail for Obeid, 78, his son, 52, and Macdonald, 72.
Their lawyers contended the men weren’t a flight risk, citing compliance with their bail conditions for many years before they were convicted.
They argued the case involved “special or exceptional” circumstances.
And they submitted they had “an arguable case” on appeal which will include a claim that Justice Fullerton’s verdict was unreasonable.
The court was told if their appeals were filed by March, they would be able to be heard by September, but the judgment may not be delivered until 2023.
If they were successful, this would mean a significant portion of their sentence would have been served if they weren’t granted bail.