A MURDER conspiracy charge against Fadi Ibrahim's pregnant partner has been withdrawn, with her lawyer saying "there was never any evidence against her".
Shayda Bastani Rad was charged in July with conspiring with five men to murder John Macris.
The charges were linked to the June 2009 shooting of Fadi Ibrahim, the younger brother of Sydney nightclub entrepreneur John Ibrahim.
Ibrahim spent months in hospital recovering from the attack, in which he was shot as he sat in his car at Castle Cove on Sydney's north shore.
Ms Bastani Rad, then Ibrahim's girlfriend, was also injured in the shooting.
At Sydney's Central Local Court today, Holly Kemp for the Director of Public Prosecutions (DPP) said: "I'm seeking to withdraw the matter against the defendant Bastani Rad".
Ms Bastani Rad's lawyer Brett Galloway accepted the withdrawal and indicated there would be a cross application for costs.
Outside court, he said his client should never have been charged.
"There was never any evidence against her. We said that when she was charged and we're saying it again now, verified by the director," Mr Galloway told reporters.
He added that Ms Bastani Rad, who is pregnant, can look forward to a "less stressful remainder of her pregnancy".
"It has been very stressful. She has done nothing wrong," he said.
Mr Galloway briefly outlined the allegation against Ms Bastani Rad.
"She was basically charged because she is alleged to have been in a room when a sealed envelope was handed over with photographs inside it. That's the best the case ever got and the best it ever will," he said.
Fadi Ibrahim and his older brother are among the men charged with conspiring to murder Mr Macris.
Their matters will return to court on December 2.
It has been reported that Ms Bastani Rad and Fadi Ibrahim recently married in secret.
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