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A TEXT message could hold the answer as to whether a Long Gully train driver was responsible for an alleged major ice discovery earlier this year, a court has heard.
Mark Andrew Benjamin, 53, was charged with drug trafficking after a raid on a Long Gully house on March 3 this year, but he is continuing to contest the charges.
Police initially reported finding up to $10,000 worth of ice at the address, but eight grams of the alleged ice were found to be a different substance.
The rest of the substance is now awaiting analysis.
Benjamin, a V/Line train driver who has since been stood down from the role, appeared in the Bendigo Magistrates’ Court on Tuesday where his defence counsel Serge Petrovich argued the contents of a mobile phone were essential for clearing his client’s name.
A co-accused – who Benjamin was in a defacto relationship with at the time – has since pleaded guilty to charges relating to the raid on the Long Gully house.
Police seized two mobile phones during the raid, with one showing a text message allegedly relating to the trafficking of ice.
Mr Petrovich said the prosecution was basing its case against Benjamin on this text message, but had not determined who sent the message and the context surrounding the conversation.
He said information from the network carrier needed to be tendered to court.
“If police want to rely on these messages, they need to ID the phone,” he said.
“This is all based on a text message.
“The prosecution needs to access the phone and determine its user. It’s up to them to satisfy the court that it was him (Benjamin).”
Prosecutor Sergeant David Somerton said the phone records could be downloaded, and requested a special mention date in court to prepare for a contested mention in April next year.
The charges will be formally contested on April 15, when the drug analysis has been completed.
Magistrate Patrick Southey said the time taken to access the phone and determine the type of drug found during the raid was frustrating.
“It’s all a bit of a mess at the moment really,” he said.
The charges stem from the March 3 raid in which police seized the alleged drugs, which were found in a women’s bag, as well as a pipe for smoking ice and the mobile phones.
Police could not confirm if Benjamin failed drug testing during his V/Line employment, but he maintained the job until the raid.
Benjamin was also found in possession of a “small quantity” of ice during a separate raid on a property in Bendigo earlier this year.
