By Cam Lucadou-Wells
A convicted drug trafficker’s bid to be bailed to a country rehab centre has been rejected under the state’s toughened bail laws.
Dylan James Kelly, 32, had been remanded on multiple firearm, car theft and drug charges when he fronted Dandenong Magistrates’ Court via video link on 4 June.
His defence lawyer told the court that Kelly had been accepted by the 24/7 supervised Arrow Health centre in Woodend.
It was the accused’s “last chance” to address his “deep-seeded” drug problems.
“It’s make-or-break for him.”
To make bail, Kelly had to prove ‘exceptional circumstances’ – the state’s toughest test for bail which is also reserved for accused murderers.
He was charged with 17 offences including trafficking ‘ice’ after being arrested in a hire car in Jones Street Dandenong at 1.30am on 30 March, police officer Constable Jordan McKenzie told the court.
Police allegedly seized a bag of eight grams of suspected meth from Kelly’s underwear as well as $6,054 from his bag.
A bag of suspected ice was allegedly carried by the female driver.
Police further searched the car and the pair’s hired room at Quest Apartments Dandenong.
Police allegedly seized more than 60 items including a Tazer, butterfly knife, knuckledusters, a firearm cleaning kit, ammunition, six mobile phones and an alleged drug ‘tick-list’ written on the back of a character-reference letter for court.
Kelly denied the allegations in a largely ‘no-comment’ police interview, the court was told.
At the time, Kelly was on bail over allegedly unlicensed driving, and possessing ice and proceeds of crime – namely $4050 cash – in a stolen Jeep Cherokee in Berwick in September, the court heard.
He was also on bail over an incident in which he was a passenger in an alleged stolen vehicle in which a sawn-off shotgun, a rifle, $2645 and a drug tick-list were allegedly found in January.
Kelly was subject to two community corrections orders at the time – including a County Court-imposed CCO for trafficking ‘ice’ and firearm offences.
The court heard that Kelly could not be compelled from walking away from the rehab centre.
Arrow Health patient-care coordinator Bruce Laidlaw said the centre would advise lawyers, family and police if Kelly left the CCTV and alarm-secured facility.
Magistrate Jack Vandersteen indicated Kelly was likely to be jailed if found guilty of the charges, including re-sentencing for the allegedly breached CCOs.
He noted the “significant” criminal history over more than a decade, including breaches of bail and a suspended sentence.
“Despite what has been put on his behalf, the circumstances aren’t exceptional and I’ll be refusing his application for bail.”
Kelly was remanded to appear via video link for a mention hearing at Dandenong Magistrates’ Court on 12 June.
