The brother of slain Islamic State fighter Mohamed Elomar has won his appeal over a conviction for threatening to kill a spectator at a Sydney junior soccer match.
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Ahmed Elomar, 34, was found guilty by a magistrate in February of intimidation with intent to cause physical harm.
He was jailed for at least seven months, a sentence which was backdated to when he went into custody.
He had already been released when Acting Judge Norman Delaney on Thursday set aside the conviction at Campbelltown District Court.
At the time of the match in May 2017, Elomar was wearing an electronic monitoring bracelet after being released on parole for assaulting police in 2012 during the Hyde Park riots.
One witness had told the magistrate she heard Elomar tell a fellow spectator: "You f***ing c***. If I wasn't wearing this bracelet, I'd f***ing kill you."
But at the appeal hearing, his barrister Michael Pickin referred to three versions of what was alleged to have been said by Elomar, who had denied making the threat.
In setting the conviction aside, the judge said he could not be satisfied beyond a reasonable doubt that the Crown has proved its case about what was said.
Mohamed Elomar is believed to have been killed fighting with Islamic State in the Middle East.
Australian Associated Press
