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Bail again for fake Brett Whiteley art duo

AAP logoAAP 16/12/2016 Melissa Meehan

Two men sentenced to jail for creating and selling fake Brett Whiteley paintings will remain free after being granted bail by the Victorian Court of Appeal.

Peter Stanley Gant, 61, and Mohamed Aman Siddique, 67, were sentenced in November but a stay was put on sending them to prison because the trial judge believed the jury's guilty verdict could be quashed on appeal.

Prosecutors allege Siddique created three fake Whiteley paintings in his Collingwood studio between 2007 and 2009 and that Gant facilitated the sale of two of them.

Whiteley, one of Australia's most celebrated artists, died in 1992 aged 53.

Gant and Siddique were found guilty of obtaining financial advantage by deception and attempting to obtain financial advantage by deception by a jury following a four-week trial.

At the time Supreme Court Justice Michael Croucher noted there was cogent evidence that supported Gant's account that he'd purchased all three paintings in 1988.

Justices Mark Weinberg and Phillip Priest on Friday granted the pair bail again until they return to court at a later date.

Justice Weinberg said Siddique, who was sentenced to three years wholly suspended except for 10 months, would end up spending the majority of his sentence in custody before the appeal went before the court.

He said the hearing would not be heard until mid-2017 at the earliest.

Despite receiving a longer sentence of five years jail with a minimum of two years and six months, the court found it would be unfair to differentiate between the pair and so also granted Gant bail.

Both men must report to their local police station once a week and are not allowed to try to leave the country.

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