The family of a 63-year-old Brisbane woman says her release from prison on bail is “bittersweet” – after claiming she was unfairly detained over the past two years while awaiting trial for fraud-related offences in a “human rights” violation.
Fatima I’Lache has been behind bars for almost 2½ years, after being charged with three fraud offences and one passport-related charge in February 2023.
A Brisbane Supreme Court judge found today there was a “very real risk” the mother-of-five would have spent too much time in custody.
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“We are all really heart-broken, we didn’t know we would be two years in and she would be stuck in there,” daughter Malak Omari said.
“It’s been really taxing … some nights we don’t sleep and we’re worrying that she’s going to be okay.”
Ms I’Lache is accused of obtaining financial benefit by deception and social security fraud. Her bail application today heard her charges include an allegation she did not properly declare a property she owned when claiming benefits.
The total of her alleged offending was $245,000 and the court heard she faced a maximum penalty of six years behind bars if convicted of all four offences.
Ms I’Lache is also accused of obtaining a second passport without declaring that she already had a passport at the time.
She appeared distressed throughout her bail hearing, telling the court she had suffered increasing health issues while on remand.
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“I have spent almost 29 months away from my family,” she said.
“I have been diagnosed with lupus, high blood pressure … there is a lot going on with my health.”
Her son, Sam I’Lache, said his “devoted” mother has missed out on many family events.
“It’s been two years of limbo essentially … that’s two and a half years she will never get back,” he said.
Omari said she had deferred her engineering studies to help her mother – who is self-represented.
The 31-year-old said she had spent nights in law libraries preparing for her mother’s court hearings, and spoke to her almost daily from her cell in Brisbane Women’s Correctional Centre.
“It’s literally become like a full-time job,” she said.
“It’s a lot of trial and error … there was no other choice. They haven’t afforded her any rights, it feels like a human rights violation.”
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The family says Ms I’Lache has been told she is not eligible for Legal Aid due to owning two properties – but that she is unable to secure legal representation from behind bars without access to funds.
“Sometimes there’s a fight in the prison and they lock everything down and I can’t reach her … and we have to wait days,” Omari said.
“If she got bail, she could’ve got a loan … there wouldn’t have been so many blocks.”
Ms I’Lache emigrated to Australia from Lebanon in 1978 – and has previously been denied bail after being deemed a flight risk.
She told the court today she has no documents that would allow her to travel.
“You can understand what’s happening in the Middle East … [it is] in war, people are leaving there. I haven’t been back to Lebanon for 35 years now,” she said.
Ms I’Lache said she has an offer of employment if granted bail – she would also care for two of her children who are experiencing health issues.
In handing down her decision today, Justice Rebecca Treston said there was “a series of cascading circumstances” and a “delay” caused by the charges being severed into two separate trials.
Treston said there was significant evidence Ms I’Lache had held multiple aliases and frequently travelled on Australian, New Zealand and Lebanese passports.
“It is perfectly understandable in the early proceedings her risk of flight might have been considered much more significant … Lebanon does not have a bilateral extradition treaty … but the fact of the matter is she has now spent two years and four months in jail,” the justice said.
“That is a significant amount of time for a woman in her sixties. It seems to me that she is at very real risk for having spent too much time in custody.”
Treston granted Ms I’Lache bail with strict conditions, including regularly reporting to her local police station; she is also prevented from applying for any new passports and going within two kilometres of an airport terminal.
Ms I’Lache’s children told 9News they were looking forward to giving their mother a hug – describing the bail decision as “bittersweet”.
“It’s the words I’ve been wanting to hear for the past 2½ years,” Mr I’Lache said.
“I’m happy for her but there is sadness for all the time that’s passed,” Omari said.
“We will feel whole again having her there [back home] with us. I think there will be a lot of tears.”
A trial is listed for the fraud charges later this month, with a separate trial for the passport offence set to take place later this year.
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