By CAM LUCADOU-WELLS
A MAGISTRATE has questioned the legality of a police search which allegedly found weapons and nearly $10,000 worth of ice in a car in Noble Park.
Tipene Phuoc Truong, 25, of no fixed abode, successfully applied for bail at Dandenong Magistrates’ Court on 25 July after spending the previous 18 days in custody.
In the hearing, police alleged Greater Dandenong CIU detectives intercepted Truong in the drivers’ seat of a Holden sedan on Corrigan Road about 1.15pm on 7 July.
Truong was in the car with two men who had been recently charged with possessing an incendiary device, nominal informant Sergeant Phillip Delaney told the court.
Truong was a suspended driver and on a community corrections order at the time, and using ice daily, the court heard.
Before searching the vehicle, police noted Truong had been charged with drug offences, the informant said.
However Truong’s lawyer disputed the accused’s priors of dangerous driving, assaults and property damage included drug offences.
In the search, detectives allegedly found a canvas bag containing two clear zip-lock bags next to the driver’s seat – one containing 41 grams of cannabis and the other with 28 grams of methamphetamine.
The cannabis was valued at $1230, and the ice about $8000, Sgt Delaney said.
Thousands of dollars was also found in a wallet believed to be Truong’s, as well as a butterfly knife, scales, five mobile phones and a dagger elsewhere in the car.
Truong told police the vehicle belonged to a “friend”, and later gave a no-comment interview.
Under law, police can search a person or vehicle without a warrant if there’s a reasonable suspicion of drugs being present.
Magistrate Jack Vandersteen said it was unclear what the basis for the search was in this case.
“All (the bail summary) said was they did a check of him and saw he had a previous for drugs. Do you have any information beyond that?
“It seems like a live issue according to the summary. There’s nothing in the summary to show what powers the police had to search the car.”
He said in the absence of the arresting detectives in court, he couldn’t ascertain what other facts led to the search, such as what Truong was doing or if he was parked in a known drug-dealing area.
Mr Vandersteen, noting Truong’s young age and that he’d spent his first time in custody, granted him CREDIT bail in conjunction with an existing community corrections order including drug treatment.
Truong was bailed subject to staying in a stable residence with family in Docklands, a night curfew and reporting to police.
