A HIGH-profile Tamworth man has escaped being sent back to jail after he was sentenced for dealing 150 ecstasy pills almost three years ago.
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Dylan Rutter dodged a jail sentence in Tamworth District Court on Tuesday morning after he moved to Queensland to "rehabilitate" himself and escape his friends who lured him into drug dealing.
The now 34-year-old bought 150 MDMA tablets from close friend and personal trainer Mark McDonald in 2017, which eventually saw him come undone with police.
McDonald was the target of Strike Force Kotzur - an elaborate secret police operation that brought McDonald as well as several of his friends down for dealing cocaine, ecstasy and steroids across Tamworth.
Rutter's troubled upbringing and well-being was detailed in court as Acting Judge Jonathan Williams sentenced him to a three-year Community Corrections Order, or good behaviour bond.
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Rutter appeared via video link from south-east Queensland where he now lives with his family, and won't be supervised by authorities after he promised to not commit any further offences.
Back in November 2017, police were watching when Rutter visited McDonald's house.
Acting Judge Williams detailed the exchange when Rutter asked if McDonald had any "little fellas", before offering a "hunge-50" in return and told him he would see him the morning.
There he took 142 MDMA pills and stashed it down the "front of his pants", and "another eight" in his back pocket.
"In total he purchased 150 tablets," Acting Judge Williams detailed, with Rutter admitting "he purchased them for the purpose of supply".
He was arrested on January 18, 2018, and was granted bail in the supreme court in early-April that year - four months later he was committed for trial.
"The delay was due to disputed facts which were eventually resolved in Mr Rutter's favour and he pleaded guilty," Acting Judge Williams said.
'Crowd that led him astray'
Rutter's barrister Ben Cochrane submitted "a number of references, a psychological report and some drug testing" in support of his case, the judge revealed.
The court heard references detailed Rutter's "strong work ethic" after gaining full-time employment in the mining industry in Queensland in February.
He's now clean and "hasn't used any drugs since his arrest".
The references highlighted Rutter was "sorry for what he had done", and he had wanted to turn his life around since being caught by police.
Acting Judge Williams read out intimate details of Rutter's troubled upbringing, he is now estranged from his family after he was caught drug dealing.
In 2013, Rutter moved back to Tamworth to his family and was "drawn back into the crowd that led him astray".
The court was told Rutter had known McDonald for 15 years and "his friendship with the co-offender was the catalyst" for his involvement with drugs.
He turned to dealing to "fund his personal use on weekends", but the pair have cut ties since they were both arrested.
Rutter's criminal record includes fail-to-quit premises' offences dating back to 2007 and 2009; as well as convictions for assault, property damage, and assault occasioning actual bodily harm in 2016.
'He has rehabilitated his life'
Mr Cochrane said "a great deal has taken place since the date of these offences" and his almost three months behind bars.
"That and a great deal of successful rehabilitation has taken place in the interim," he told the court.
"There has been a radical change of direction in Mr Rutter's life."
He argued for a lengthy bond "that would be geared towards continuing the process of rehabilitation."
DPP solicitor Max Dickson made lengthy submissions in sentencing and acknowledged Rutter had served almost three months in custody which was "not insignificant ... especially for a first time in custody".
He said Rutter had collated some "fairly impressive subjectives [references] to demonstrate his life has changed".
The maximum penalty for the offence of supplying 150 MDMA tablets is 15 years.
Acting Judge Williams noted Rutter hadn't re-offended since 2017 and "it is to his credit that he's done as well as this."
COVID-19 border closures meant Rutter didn't travel back to court and didn't sign his paperwork for his bond, but rather made a promise "to be of good behaviour and not commit any offences".
"I accept the promise you've made," Acting Judge Williams said.
"I appreciate that, thank you," Rutter replied.
Rutter is the last of the dealers in the drug ring exposed by Strike Force Kotzur.
McDonald was jailed in 2018 for a maximum of four years. He's since been released on parole to live in Tamworth.
Co-accused Nicholas Hansen was placed on an intensive corrections order - or community-based jail term - while Matthew Hill was convicted and fined for drug supply.
The operation by Oxley detectives was set up to disrupt the supply of drugs such as cocaine and MDMA in Tamworth, before officers pounced on McDonald and later homed in on Hansen, Rutter and Hill.