Alleged Comanchero bikie Daniel John Bennett loses bid for bail after police allegedly saw him throw gun on to a roof

An alleged Comanchero bikie has appeared in court, with police telling a magistrate they spotted him throwing something suspicious on the roof of a nearby house.

A Comanchero bikie who allegedly threw a bag containing a semiautomatic rifle on to a roof has told a court he shouldn’t be imprisoned on remand because the gun wasn’t found on him.

Daniel John Bennett, 34, appeared in the Adelaide Magistrates Court on Monday via video link from custody seeking bail, following his arrest on February 15.

He is charged with aggravated possessing a firearm, trafficking a controlled drug and money laundering.

Police allege Mr Bennett attended a Plympton Park home where they observed him throwing the bag, containing a gun, on to a roof.

During a further search of the home, police allegedly found a “trafficable quantity” of methamphetamine, fake licences and $20,000.

Police have previously alleged Mr Bennett is a Comanchero bikie.

Peter Hill, for Mr Bennett, said there were several special circumstances why his client should be released on bail – especially the fact he wasn’t found with the gun on “his person”.

“Importantly, this is a case where the firearm, which is what has Mr Daniel Bennett being a prescribed applicant, was not found on his person,” he said.

“That’s because he was seen throwing it on to the roof,” Magistrate Benjamin Sale interjected. “Of all the reasons you’ve given me, Mr Hill, that must rank as the lowest.”

Mr Bennett is an alleged Comanchero bikie, police say.

“I still think it’s an important distinction in that the gun wasn’t on his person, if the gun had have been on his person I say the prosecution case would be much stronger than being found in a bag on a neighbouring roof,” Mr Hill said.

A police prosecutor said they were opposing bail because the search of the neighbouring roof was a result of police observing Mr Bennett throwing a bag on to it.

“That bag contained a loaded semiautomatic pistol, so in at least in relation to that allegation we say there’s a very strong case,” he said.

“That allegation then leads to the defendant carrying that firearm in public generally.

“He was followed to the address and initially for inquiries on a disqualified licence so having been out driving around, in a vehicle, with a loaded semiautomatic pistol in his possession, that’s a serious risk to the community.”

Mr Hill also said his client has several members who rely on him for emotional support and the drugs and money were found in a property that does not belong to him.

“The house at which the drugs and money were seized by police is a Housing SA unit, which has a female who has sole tenancy,” he said. “Mr Daniel Bennett was simply visiting.”

Mr Sale denied the application for bail and Mr Bennett was remanded in custody.

Mr Bennett will next appear in the Adelaide Magistrates Court later this year.