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ABC News
ABC News
National
court reporter Jamelle Wells

Eddie Obeid, Moses Obeid and Ian Macdonald to appeal mine licence conspiracy convictions in 2023

Eddie Obeid's family made $30 million from the conspiracy. (AAP)

Former NSW Labor ministers Ian Macdonald, Eddie Obeid, and his son Moses, will appeal against their convictions and jail sentences for a mine licence conspiracy next year. 

Eddie Obeid, 78, Moses Obeid, 53, and Macdonald, 73, were jailed in October 2021 after being found guilty in a landmark judge-alone trial. 

Justice Elizabeth Fullerton found they conspired for former resources minister Macdonald to commit misconduct in public office by granting a coal exploration licence for the Obeid family farm in the Bylong Valley.

It gave the Obeid family a $30 million windfall, which has never been repaid. 

The family stood to make another $30 million from the deal, but the licence was cancelled by the NSW government. 

Ian Macdonald was the NSW resources minister. (AAP: Joel Carrett)

Registrar George Galanis told the Court of Criminal Appeal today Moses Obeid's appeal has been lodged and it will be heard on April 17, 2023. 

The court heard Eddie Obeid and MacDonald's appeals are still being finalised. 

"I presume they will be heard around the same time" Mr Galanis said. 

Eddie Obeid's solicitor, Michael Bowe, said his appeal was being prepared by his trial barrister, April Francis, and was likely to be lodged soon. 

No details were outlined about Macdonald's appeal or who will be representing him. 

The three men did not appear in court for today's hearing. 

Macdonald is serving at least five years and three months in jail, Eddie Obeid a minimum three years and 10 months, and Moses Obeid at least three years.

Moses Obeid, right, was jailed for at least three years. (AAP: Bianca De Marchi)

They have previously lost applications to be released on home detention ahead of the appeals, claiming numerous health concerns, including the risk of catching COVID-19. 

In December 2021, Justice Helen Wilson said Justice Health had the capacity to adequately treat prisoners within the corrections system, to a standard comparable to that available to the average person in the community. 

"The applicants have each been found guilty and sentenced by a court and they do not enjoy the presumption of innocence or have a right to liberty," she said.

"To stay an order of imprisonment by granting bail would be a serious interference in the administration of justice, that cannot be justified in the absence of special or exceptional circumstances."

Crown prosecutor, Sophie Callan SC, has previously told the court the men's grounds for appeal "do not enjoy reasonable prospects" and their "presumption of innocence has been rebutted" because of their convictions. 

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