A former Cranbourne nurse accused of drug trafficking and possessing explosives and detonators has been granted bail by the Victorian Supreme Court.
Zarna Barbar, 26, was successful in her second bail attempt on Friday 4 July, after her initial bail application was rejected at the Frankston Magistrates’ Court just over a week earlier.
She was granted bail due to no prior criminal history, young age, rehab admission, and the likelihood she’d spend longer on remand than any likely sentence, according to the Supreme Court.
The former nurse who turned to escort work was arrested on 28 May, when police were executing a search warrant of her Cranbourne house for a motor vehicle theft, and then found various explosives.
Police allegedly seized 30 kilograms of ammonium nitrate ‘power gel’ along with cords, 80 detonators, zip-lock bags of white powder, bottles of viscous liquid, white tablets and allegedly stolen goods including a Holden Commodore recovered in a nearby street, a Victoria Police lanyard and a machete.
She was then charged with 10 offences, including possessing an explosive substance and trafficking a drug of dependence (namely 1, 4-butanediol).
At the time, Barbar was on summons for charges including trafficking 1870 millilitres of 1,4-butanediol after a police raid at her home in November last year.
Under Victoria’s bail laws, she was required to demonstrate “exceptional circumstances” to be granted bail. She mainly identified youth, lack of prior convictions, and a commitment to residential drug rehabilitation.
The Supreme Court heard that Barbar had been accepted into a 90-day residential rehabilitation program at The Cottage in Shepparton, which she would enter immediately upon release.
Medical reports confirmed she suffers from a poly-substance use disorder and would benefit from intensive treatment.
Victoria Police opposed the bail, raising concerns about community safety, potential reoffending, and alleged attempts to obstruct justice.
The police report contained an opinion from a member of the Bomb Squad about what might have occurred if some of the material found during the search had exploded.
“If all the explosives had detonated as intended, the damage would have been significant and potentially. have catastrophic consequences,” the report stated.
The Police asserted that the applicant was an unacceptable risk of committing further offending, as she had continued to possess and traffick 1, 4-butanediol.
“Drugs in the community are a significant concern, and the accused has no regard for the high impact offending associated with the drugs she is selling,” the Police stated.
“Police believe that no bail conditions will alleviate the accused’s need to traffick drugs.”
Notably, Barbar was recorded on a prison phone call asking her brother to retrieve and possibly interfere with her laptop, which had not yet been seized by police at the time. Police argued this showed an intent to frustrate the investigation.
Judge David Beach ruled that Barbar had established “exceptional circumstances”.
He also pointed to the likelihood that Barbar, if found guilty, would not be sentenced to a prison term exceeding the time already served in remand.
“It is not necessary for me to consider the various arguments about the strength or otherwise of the prosecution case,” he stated.
“What I have already said about the likely sentencing disposition for a person with no prior convictions charged with these offences is sufficient to reach the conclusion that exceptional circumstances justifying a grant of bail have been made out.”
He found that the potential risks raised by Victoria Police could be mitigated with stringent bail conditions, including daily reporting to police, drug abstinence, and curfew.
The Supreme Court’s bail grant marked a departure from the earlier ruling by the Frankston Magistrates’ Court.
In the initial hearing on 23 June, Magistrate Tony Burns denied bail.
He concluded that Barbar’s lack of priors and her rehab bed did not in themselves prove “exceptional circumstances”.
He also found that if the charges were proven, Barbar would likely face a significant jail term.
Barbar was remanded to appear at Frankston Magistrates’ Court on 18 July.
