Bail application for Mount Maria accused Kim Quoc Nguyen adjourned to December

The teenage girlfriend of a man police allege was part of an organised crime syndicate put up $30,000 in the hope of securing his release on bail while on charges of producing drugs at a $60m drug operation.

A bail application for one of the men arrested at the $60m Mount Maria drug operation has been opposed due to the “unsuitable situation” of his 18-year-old partner putting up $30,000 cash in surety for him.

Legal representatives appeared via phonelink in Bundaberg Magistrates Court for a bail application on behalf of Kim Quoc Nguyen, who is in custody on charges of producing and possessing dangerous drugs.

Police prosecutor Sergeant Vicki Kennedy-Grills told the court police have evidence that Mr Nguyen, 28, was “part of a very large and organised cannabis crop growing enterprise” with strong evidence including surveillance, video footage and statements from his five co-defendants that he was involved in tending to the cannabis plants grown at the Mount Maria farm.

In opposing Mr Nguyen’s bail application, Ms Kennedy-Grills submitted that he posed an unacceptable flight risk, given he is a Vietnamese citizen in Australia on a bridging visa and his young partner had offered $30,000 in surety from her own funds. Mr Nguyen’s partner is not accused of any wrongdoing.

The court heard Mr Nguyen had been in a two-year relationship with his partner who turned 18 in May 2023, with the alleged offences for which Nguyen had been charged occurring in July.

The police prosecutor said there is strong evidence including surveillance, video footage and statements from his five co-defendants that Mr Nguyen was involved in tending to the cannabis plants grown at the Mount Maria farm.

“I do submit that it’s an unsuitable situation to have this young lady put up her hard-earned cash to secure this gentleman’s release,” Ms Kennedy-Grills said.

Mr Nguyen’s defence barrister, Remy Kurz, told the court his client had proposed a number of bail conditions to reduce the risk of him fleeing the country including staying at an address in Queensland, regularly reporting to a local police station, surrendering his passport and agreeing not to approach any international departure points in addition to the surety offered by his partner.

10 YEAR AGE GAP BETWEEN HIM AND PARTNER

While admitting the “very strong evidentiary basis” to the charges faced by Mr Nguyen, Mr Kurz told the court the primary consideration should be whether the financial amount of surety is a deterrent to him fleeing the country, rather than the 10-year age gap between him and his partner.

“The fact that she is young is a factor, but it is not a factor which disqualifies (the reality of the relationship) from being true, such that any aspersions cast by a 10-year-age gap in the relationship fall quite flat,” he said.

The court heard Mr Nguyen had been working in Australia since 2013, and there is no evidence that he regularly travelled to Vietnam in that time.

Magistrate John McInnes pointed out that Mr Nguyen’s application did not include a personal affidavit stating his activities in Australia since arriving in 2013, meaning he was unable to make a decision on whether he should be released into the community with knowledge of his personal circumstances including the kind of work he had been doing while living in the country.

“I think I’m being invited to infer he might have been gaining income illegally, such as through operations like (the alleged drug farm),” Mr McInnes said.

“What we know about him is he’s been in the country for 10 years, he hasn’t had a criminal conviction, he’s got a young girlfriend and proposes to live in Queensland.

“I want to know a little bit more about his background, demonstrating his connection to Australia and integration into the community.”

Mr Nguyen’s matter was adjourned to December 8 to allow his legal representatives time to provide a personal affidavit for inclusion in his bail application.

He has been charged with producing dangerous drugs schedule 2 drug quantity of or exceeding schedule 3, possessing dangerous drugs schedule 2 drug quantity of or exceeding schedule 3, possessing dangerous drugs, possessing anything used in the commission of crime defined in part 2, possessing anything for use in the commission of crime defined in part 2 and possessing utensils or pipes etc for use.