Steven Christopher Lutar is charged with serious drug offences in Mackay

A magistrate has questioned the validity of a police search of a man’s vehicle that later allegedly unearthed a large quantity of drugs. Read what happened.

Steven Christopher Lutar is charged with serious drug offences.

A Mackay magistrate has questioned the validity of a police search of a man’s vehicle that later allegedly unearthed a large quantity of drugs.

Police spotted a vehicle being driven on Nebo Road about 2.30am on November 7, 2022, stopped it and later formed the suspicion there could be drugs.

A court heard officers allegedly found drugs and as a result Steven Christopher Lutar, 44, was arrested and charged with six offences including aggravated drug possession and possessing anything used in the commission of a crime.

Magistrate Bronwyn Hartigan said there seemed to be “an allegations of commerciality” because a higher court was being elected to deal with the matter, but added “I’ve got … problems with the search”.

“I don’t know everything but I can’t see any basis for deciding that there’s dangerous drugs in the car,” Ms Hartigan said during a bail bid in Mackay Magistrates Court.

“Pull someone over at 2am, they’re a little bit nervous, ask if you have anything that you should not have in the car.

“Anyone could drive around at 2.30am, anyone’s nervous when the police pull them over. And then they start to search the car.”

The court heard that even though police found drugs “you can’t go backwards”.

“They have to have a reasonable suspicion before they are able to search the car,” Ms Hartigan said.

“I think there are some real search issues here.”

Steven Christopher Lutar, 44, is charged with six offences including aggravated drug possession and possessing anything used in the commission of a crime.

The court heard Mr Lutar, who was a business owner, was not in a show cause position and Ms Hartigan described it as “pretty run of the mill”.

The court heard he wanted to be bailed to reside in an address in Victoria and his mother was prepared to sign a surety to secure his bail.

Mr Lutar’s lawyer told the court his client’s mother owned property in the region and he would continue to come to Mackay, arguing he was not at risk of failing to appear in court.

The court heard the matter may not occur for 12 months.

Ms Hartigan said there was “nothing out of the ordinary” in the allegations.

Prosecution told the court that on the night the vehicle had been spotted driving erratically, crossing road lines and failing to stay in one lane.

“Then they put him on the breathalyser or give him a drug test, they don’t jump to the next conclusion that he’s got drugs in the car,” Ms Hartigan said.

“That’s extraordinary.

“That next step’s a pretty long bow to draw.”

Mr Lutar was granted bail with residential and reporting conditions in Victoria. The matter is adjourned to April 3 and he must appear in Mackay Magistrates Court in person.