Thomas Briggs, 36, appeared in Shepparton Magistrates’ Court via video link on Friday for a bail application, with his lawyer Christopher Terry arguing he should be released due to the delays imposed by the COVID-19 restrictions.
The court was told Mr Briggs was arrested on January 6 this year with what police allege was 61.6 g of methamphetamine, which resulted in him being charged with trafficking a commercial quantity of drugs.
Having already spent 102 days in custody and given the current delay in the court system, Mr Terry urged Magistrate David Faram to release his client on bail.
However this was strongly opposed by the prosecution.
Shepparton Criminal Investigation Unit Detective Senior Constable Leon Schroeter told the court Mr Briggs was intercepted by police just after 8.30 am on January 6.
When intercepted Det Sen Const Schroeter said the accused handed police a green tin from inside his pocket which they allege contained an ecstasy pill and a quantity of methamphetamine.
Police allege they also located $1770 inside the accused's pocket, along with a large hunting knife, an amount of GHB and a large quantity of methamphetamine found inside his vehicle.
Det Sen Const Schroeter told the court police also located a bag inside the vehicle which they allege held scales, deal bags, a measuring cup, two mobile phones, a pipe to smoke methamphetamine and a fold knife.
The accused was arrested and interviewed at Shepparton Police Station where he stated ``no comment” to the allegations.
Det Sen Const Schroeter told the court police opposed Mr Briggs’ bail, deeming him a "heavy drug user" who was currently unemployed and trafficked drugs to "support his habit and make money".
“His consistent pattern of reoffending continues to place members of the public at danger,” he said.
Mr Terry argued against these claims, saying that given the current climate his client fell under the banner of exceptional circumstances.
Mr Terry told the court for someone to be charged with trafficking a commercial quantity of drugs, the Drugs Act stated the contents have to be 50 g of pure methamphetamine or 250 g if it is a mixed substance.
He argued the prosecution could not confirm the 61.6 g of drugs allegedly found on Mr Terry contained 50 g of pure methamphetamine until a certificate of analysis from forensics was received, which he said would confirm or exclude the commercial quantity element of his charge.
“I make this application based on the possibility he may have to run this matter all the way through to trial on the issue of commercial quantity ... there is a delay in excess of 24 months before a trial will be heard,” Mr Terry said.
He acknowledged his client was a risk given his relevant prior convictions, including drug and weapons offences along with 43 fail to appear while on bail charges, however he said the risk could be reduced by imposing strict bail conditions.
“Everyone, unless they have a good reason, has to be at home given the current circumstances — the likelihood of this man being released on bail and continuing to do the things the prosecution allege he was up to prior to being remanded, without being caught, is unlikely,” Mr Terry said.
“He'll stick out like a sore thumb.
“The court also has to consider what the alternative is — this man sitting in custody for a period that may well exceed any period that is imposed, particularly if the quantity (of methamphetamine) falls in the side of his favour.”
Magistrate Faram is expected to hand down his decision on Thursday.
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