Alleged drug runner James Martens keeps distance from ACT Magistrates Court over ‘safety concerns’

A man accused of running drugs for an illegal online pharmacy has kept his distance from court, as authorities continue testing more than 68,000 seized substances.

A man accused of running drugs for an illegal online pharmacy has kept his distance from court, citing “safety concerns”, as authorities continue testing more than 68,000 seized substances.

James Peter Martens, 28, did not appear in the ACT Magistrates Court on Thursday, when his bail was varied to reduce the number of times he must report to police each week.

“There are some safety concerns, essentially,” defence lawyer Eliza Wilson said, telling the court prosecutors had no issue with Martens attending to sign his bail later in the morning.

Ms Wilson added that her office had sent representations to the ACT Director of Public Prosecutions with a view to resolving the 23 charges levelled at Martens.

There was no indication as to whether Martens, a resident of Gordon in Canberra’s south, had entered pleas.

James Martens outside court in December 2023, when he was granted bail. Picture: Sam Turner

The allegations include multiple counts of drug trafficking, supplying anabolic steroids and supplying a declared substance.

Martens, whose case returns to court next month, is also accused of participating in a criminal group and dealing with proceeds of crime.

Thomas Kelleher, who allegedly kept the suspected illegal pharmacy’s “warehouse” in his garage. Picture: Blake Foden

His matter was mentioned a short time after that of co-defendant Thomas Eric Kelleher, an O’Connor resident who appeared in an adjacent courtroom in relation to 32 charges.

Kelleher, who allegedly kept the suspected illegal pharmacy’s “warehouse” in his garage in Canberra’s affluent inner north, has pleaded not guilty to all charges.

The allegations include trafficking in a large commercial quantity of a controlled drug, which carries a maximum penalty of life behind bars.

Kelleher, who was granted bail in April after about four months remanded in custody, is also accused of various other drug supply offences, participating in a criminal group, unauthorised weapon possession, and failing to comply with an order made by a magistrate.

Shelving in Thomas Kelleher’s garage, which allegedly contained the suspected illegal pharmacy’s “warehouse”. Picture: ACT Policing

His matter was adjourned until August at the request of prosecutor Samuel Carmichael, who told the court analytical laboratory staff were still testing tens of thousands of seized substances.

The court has previously heard police allegedly seized more than 68,000 drugs as part of the investigation into the suspected illegal pharmacy, and testing may take up to 18 months.

While the likely delay in the case recently helped Kelleher secure bail, the alleged head of the suspected drug syndicate, Michael Adam Kustic, remains behind bars on remand.

Drugs allegedly seized by police in December 2023. Picture: ACT Policing

Kustic, who faces 48 charges, was not required to appear on Thursday as his case was adjourned to the same date as Kelleher.

The allegations levelled at the Googong resident include trafficking in a large commercial quantity of a controlled drug and dealing with more than $1 million in proceeds of crime.

There are also various other drug supply charges and 12 counts of obtaining a financial advantage by deception.

It is not clear whether he has entered pleas.

A car and a motorcycle seized by police as suspected proceeds of crime. Picture: ACT Policing

When the three men were arrested in December 2023, police described their alleged criminal enterprise as “the largest illegal controlled and prescription drug distribution network ever identified in the ACT and Victoria”.

ACT Policing claimed the trio had been “distributing significant quantities of controlled and prescription drugs” to customers across Australia, utilising the postal service.

The substances were alleged to include Xanax, Valium, anabolic steroids, human growth hormone, clenbuterol, THC gummies and psychedelic chocolate bars.

Police said they had also seized suspected proceeds of crime allegedly linked to the trio, including $200,000 in cash, a house, five vehicles, three motorcycles and designer goods.

“Multiple bank accounts were also restrained,” ACT Policing said in December last year.