Tony Mokbel had more than one reason to smile as he took his first steps of freedom.
Not only was he granted release from prison for the first time in almost two decades, but three judges found he has a "very strong case" on appeal of his drug trafficking convictions.
The underworld figure, who had arrived in an armoured truck, smiled as walked out of the Court of Appeal on Friday to a chorus of applause and questions such as "how does freedom taste Tony?"
Mokbel, 59, declined comment as he walked through a police guard and into a Mercedes-Benz, with media and the public lining Melbourne's Lonsdale Street.
Office workers in buildings above ate their lunch while they watched the scene unfold below, a news helicopter hovering above.
Despite prosecutors opposing Mokbel's bail, two appeal judges and Supreme Court judge Jane Dixon found Mokbel had established "truly exceptional circumstances" to permit his release.
This included the strength of his upcoming Lawyer X appeal, over charges of trafficking a large commercial quantity of MDMA and methylamphetamine, and incitement to import MDMA.
Mokbel did not know his former lawyer, Nicola Gobbo, had been informing for Victoria Police when he pleaded guilty to these offences.
Citing NSW Justice Elizabeth Fullerton's pre-appeal ruling in November, the judges said Mokbel was "deliberately misled and deceived as to the strength and nature of the prosecution cases".
"It follows that he has a very strong case that the deliberate concealment and non-disclosure of Ms Gobbo's actions should be regarded as vitiating the plea agreement and the pleas of guilty entered pursuant to it," the three judges said.
"In turn, he has a very strong case that his convictions ... should be quashed."
Mokbel's release was secured by a $1 million surety put up by his sister, Gawy Saad, whose four-bedroom home at Viewbank, in Melbourne's northeast, he will be residing in.
It is the second time a relative has posted this amount for his bail, after his sister-in-law Renate did for his release before he famously absconded to Greece in late 2006.
She was jailed after failing to pay the surety, her home seized and she was then jailed again in 2008 for lying to a court about her assets.
Mokbel was arrested at an Athens cafe in 2007, after sailing to Greece on a yacht while on trial for cocaine trafficking. He was sentenced to up to 12 years' prison in absentia and acquitted on appeal in 2020.
Court of Appeal president Justice Karin Emerton on Friday raised this "spectacularly expensive and spectacularly unsuccessful" breach of bail.
"The current situation is fundamentally different and offers him significantly more positive prospects," she said.
"He has a clear incentive to remain in the jurisdiction and to see out the end of the process that began nearly 10 years ago."
Mokbel must abide by 30 bail conditions, including daily police reporting, an 8pm to 6am curfew and has to wear a GPS monitoring device.
He is not allowed to leave Melbourne's metropolitan area.
Within 12 hours of his bail being granted Mokbel must obtain a non-smart mobile phone which has to be approved by police.
The device's phone number, PIN code or password must be provided to police.
Asked in court whether he would abide by these restrictions, he replied "I swear, yes Your Honour".
The judges also found his deteriorating health, after he was assaulted in prison in 2019 and suffered a serious brain injury, had made imprisonment difficult because he had been kept in isolation.
"The reports of a neuropsychologist and forensic psychologist further support the view that the applicant's rehabilitation following the brain injury may have been adversely affected by his continuing incarceration and isolation," they said.
Mokbel, who was serving a 26-year sentence, had been slated for release on parole in June 2031.
His appeal is expected to be heard later in 2025 and Mokbel will return to court for a directions hearing in May.
