Former Canberra Nomads president Mohammed Nchouki pleads guilty over offensive phone rant

Calwell builder Mohammed Nchouki, 41, faced the ACT Supreme Court last Friday and pleaded guilty to a charge of using a carriage service to menace, harass or cause offence.

The former Canberra Nomads president committed the offence during a phone call with younger brother Jomal Nchouki, who was last week jailed for drug trafficking, in May 2021.

During the call, which has previously been played to the ACT Magistrates Court, the elder Nchouki let fly about a senior constable who had previously arrested both brothers.

They were aggrieved by an apparent belief the officer was spreading rumours about the younger sibling being "a snitch".

"Brother, you gotta understand, that f---in' dog who is listening to us right now, that [name], that cocksucker, I'm gonna find his wife and I'm gonna f--- her," the 41-year-old began.

"You understand? That putrid piece of f---in' shit wants to f---in' make us look like dogs. He knows we're more solid than that motherf---er ever will be, you understand?

"So don't worry about that f---in' pig. He's a dirty f---in' pig."

As his younger brother laughed, Nchouki continued relentlessly swearing and counselling the now-jailed cocaine trafficker against worrying about "cheap" talk.

Later in the call, Nchouki said he would "cave [the officer's] f---in' head in".

Nchouki spent about a month behind bars on remand before being granted bail last year by magistrate Louise Taylor, who likened him to "a wannabe gangster in a B-grade film".

He was initially charged with multiple serious offences, which included threatening to inflict grievous bodily harm and using a carriage service to threaten serious harm.

The builder pleaded not guilty and contested his committal to the Supreme Court, with barrister Steven Whybrow arguing there was insufficient evidence to warrant a trial.

Mr Whybrow argued the most serious charges were "hopeless", saying they were worded in a way that required the prosecution to prove Nchouki knew police were listening in.

Magistrate Robert Cook agreed in May that this could not be proven, dismissing those particular charges after finding Nchouki had merely suspected his phone was tapped.

Mr Cook committed Nchouki for trial, however, on the least serious charge of using a carriage service to menace, harass or cause offence.

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He said he could not resolve this allegation because it rested on whether a reasonable person would consider Nchouki's conduct offensive, meaning it was a matter for a jury.

Nchouki had also initially denied this charge, but he agreed during a criminal case conference last Friday to switch his plea to guilty.

He subsequently did that before Associate Justice Verity McWilliam, who placed the matter in an administrative list in order for a sentencing date to be obtained this Thursday.

Nchouki will remain on bail as he waits to learn his fate.

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