While an alleged cannabis grow house in north Canberra could be part of a “broader criminal enterprise”, a man arrested at the scene “could not be called the mastermind” behind the scheme.
Police raided a house in Kaleen on 8 January and allegedly found a sophisticated hydroponic set-up with 156 cannabis plants.
“Police also observed extensive damage to the interior of the home and evidence of unauthorised electrical work used to bypass the electricity meter,” police alleged at the time.
Duc Thang Nguyen was arrested at the scene and was remanded in custody when he faced the ACT Magistrates Court the next day.
The 36-year-old spent about two weeks behind bars before he appeared in the court again on Thursday (23 January) to apply for bail, assisted by a Vietnamese interpreter.
His barrister, James Maher, said he had no criminal record, first came to Australia in 2006, was granted citizenship in 2011 and had lived in the ACT for most of that time.
He said all the indications were that his client was found at the premises in Kaleen and also appeared to be living there, which suggested he was possibly involved at “a caretaker level”.
However, he could not be said to be the “mastermind”, as he was undertaking the risks that came from living at the property, Mr Maher said.
Prosecutor Ahmad Mufti opposed bail, alleging Mr Nguyen had seen police officers at the front door of the property before he shut the door on them.
Mr Mufti noted the sophistication and scale of the alleged grow house and claimed Mr Nguyen could be part of “a broader criminal enterprise”.
While Magistrate Glenn Theakston said the allegations were serious, the question he had to decide was whether Mr Nguyen was likely to reoffend.
“The sophistication of the set-up is consistent with the serious nature of the offence,” he said.
“That includes the scale and the nature of the cultivation and the use of bypassed electricity. But the same sophistication means it is more difficult to replicate and replicate quickly.”
The magistrate said Mr Nguyen was now on the police radar and any attempt to repeat the process would be quickly seen by officers.
Bail was granted on conditions including he live in Kaleen, surrender his passports, not possess devices that can access encrypted apps or social media and only use one mobile phone.
Mr Nguyen has been charged with cultivating a commercial quantity of a controlled plant, possessing equipment used to cultivate controlled plants, theft and unauthorised use of electricity.
He has not entered pleas. The matter has been adjourned to 10 February.
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