A man accused of involvement in growing a cannabis crop police allege is worth more than $1 million has been granted bail.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Minh Nguyen appeared at the Bendigo Magistrates' Court on Wednesday, where magistrate Megan Aumair decided his bail application.
Mr Nguyen has been charged with cultivating a commercial quantity of cannabis.
More court news: Bendigo man admits to cyber, financial crimes
Defence lawyer Charles Nikakis told the court there was a real issue of delay in the matter reaching a resolution, as the County Court had no trials scheduled this year and none scheduled in the first term of next year.
Mr Nikakis also said the prosecution case was "very circumstantial" and could only be proven by inference, which he submitted was a "very long bow" to draw.
Mr Nguyen could live with his family in Deer Park, he said, and had a surety of $50,000 available.
Mr Nikakis told the court it was his client's first time in custody and his first time in trouble with the law.
"Therefore, in my submission, he's got to be given an opportunity," he said.
Police prosecutor Leading Senior Constable Richard Epskamp said that while the case was circumstantial, it was "extremely strong".
He submitted delay did not amount to an exceptional circumstance because of the sentence Mr Nguyen would face if found guilty.
More court news: Man accused of hitting police vehicles appears in court
Leading Senior Constable Epskamp also said the proposed family address was perhaps not as stable as suggested.
It was also alleged Mr Nguyen had ties to a criminal syndicate and had expressed interest in returning to Vietnam.
Leading Senior Constable Epskamp outlined a number of bail conditions police would like imposed if bail were granted, including a surety no less than $250,000.
He told the court the crop seized weighed 200 kilograms and was valued at more than $1 million.
But Mr Nikakis refuted the value of the cannabis found and said $50,000 was a significant amount to the person providing the surety.
Magistrate Megan Aumair determined Mr Nguyen had demonstrated the exceptional circumstances necessary for release on bail.
Ms Aumair said the case was circumstantial and Mr Nguyen had no criminal history from the 11 years he had been in Australia.
She said the time he was likely to spend in custody before trial would be significant, even though the sentence he would receive if found guilty could also be lengthy.
"I'm of the view that the delay outweighs the other issues in this case," she said.
Ms Aumair released Mr Nguyen on such conditions as a $50,000 surety, that he live at the nominated address with his family, that he surrender all passports and not leave Victoria or Australia, that he not associate with any co-accused or contact witnesses for the prosecution, and that he have only one phone and one SIM card, among others.
Mr Nguyen will return to court in January.
Have you signed up to the Bendigo Advertiser's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in central Victoria.