A TAMWORTH man has had his bid for bail refused after the court heard he was arrested on drug supply charges while on parole.
Luke Anthony Downs is accused of supplying methylamphetamine, possessing it and dealing with cash that is the suspected proceeds of crime after he was stopped by police in Tamworth.
He's also the subject of a firearms prohibition order and is alleged to have both acquired ammunition in contravention of the order, and was possessing it when he was arrested about midday on February 13.
He lodged a fresh bid for release in Tamworth Local Court with magistrate Julie Soars told his "parole has now finished".
"Mr Downs was on parole at the time in relation to possess an unauthorised firearm," Legal Aid solicitor Wendy McAuliffe said.
She said Downs had care issues and wanted to be there with his family, who have moved to the Central Coast, since his arrest.
Downs is being held in custody at the MRRC in Sydney. The release bid triggered a show cause hearing meaning Downs had to detail exceptional circumstances as to why his detention was not justified.
Ms McAuliffe said Downs' mother could post $20,000 surety; he was prepared to report to police; and would abide by any "conditions put in place to ameliorate any concerns that the court or police might have".
"He was on parole for a significant amount of time," she said.
He was on parole for a significant amount of time.Legal Aid solicitor Wendy McAuliffe
"He served out almost all of his parole."
Ms McAuliffe said there were delays in the district court, and that meant Downs was unlikely to have his case heard and finalised anytime soon.
"Your Honour is aware of the delays in that jurisdiction," she said.
"For those reasons I say his continuing detention is not justified."
Ms McAuliffe said it was a deemed supply charge and there was no indicia or drug supply connection, except for the "alleged proceeds of crime", Ms Soars replied.
Ms Soars said "they're very concerning offences".
There was money there, a sizeable amount of drug.Police prosecutor Sergeant Rob Baillie
Police prosecutor Sergeant Rob Baillie said it was a "strong prosecution case" and "show cause is not made out".
"There was money there, a sizeable amount of drug," he told the court.
"He was on parole at the time of the commission of these offences, even know he slipped off it now, at the time he was."
Sergeant Baillie said Downs was not the sole carer, "it's simply a matter that he'd like to be there" for family.
Ms Soars found show cause had not been made out, and said any delay in the district court is "just an ordinary delay".
He has not shown cause … the matters [he] relies on, are just general circumstances.Magistrate Julie Soars
"These offences are alleged to have occurred while he was on parole," she said.
"He has not shown cause … the matters [he] relies on, are just general circumstances.
She refused bail and ordered he remain behind bars until the case returns to court in April.