A magistrate says new Victorian bail laws set the bar “pretty high” for those attempting to be released after denying bail for a man allegedly caught “red-handed” with 30 grams of amphetamine.
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The Bendigo Magistrates’ Court on Friday heard police raided Charlie Zerafa’s Kyabram home on August 10, allegedly locating 18 grams of what police believe was cannabis, 30 grams of amphetamine with an estimated street value of $6000, and the parts for a homemade conducted energy device, or taser.
In refusing bail for Zerafa, 53, Magistrate Patrick Southey said: ““Parliament has changed the (bail) test - it’s pretty high. You’ve got to show compelling reasons why you should have bail but in my view it falls well short of the required reasons,” he said.
“In effect you’ve been caught red-handed with 10 times the trafficable amount of amphetamine.”
The state government introduced new bail laws on July 1 following a review of the state's bail system in 2017.
The court heard police also seized mobile phones from Zerafa, preliminary analysis of which allegedly referenced the sale and purchase of cannabis and amphetamine.
Zerafa was charged with trafficking amphetamine and being in possession of a prohibited weapon.
His defence lawyer, Kate Freshwater, told the court the alleged taser in Zarafa’s house was simply a hollow piece of plastic with two screws in it which had no capacity to conduct electricity.
Ms Freshwater said Zerafa had organised to stay with family in Lara if released which, she argued, would address police concerns of ongoing offending.
The court heard, through Ms Freshwater, that despite the quantity of amphetamine found, which was accepted by the defence, there was a “complete absence” of any other material to support the alleged trafficking.
“What is currently before the court would fail to reach the standard to uphold a trafficking charge,” she said.
