Magistrate Robert Rabbidge says jury likely to laugh at Choo Hiang Ng’s defence

“How naive can an individual be?” a magistrate has asked while refusing an alleged drug importer bail after police allegedly seized hundreds of thousands of dollars worth of heroin in his car.

The Queanbeyan post office, from which the heroin consignment was allegedly collected. Picture: Blake Foden

A magistrate believes a jury is likely to laugh at the defence of an alleged drug importer, who claims he had no knowledge of the $350,000 worth of heroin found in a car he was driving.

Magistrate Robert Rabbidge made that observation in the Queanbeyan Local Court on Tuesday, when he refused to release Malaysian man Choo Hiang Ng on bail.

Ng, 34, has been behind bars on remand since he was arrested on January 12 and charged with importing a marketable quantity of a border-controlled drug.

The resident of Springvale, in Melbourne, has pleaded not guilty to the charge.

Opposing bail on Tuesday, federal prosecutor Ella Gordon told the court Ng had been arrested while in the driver’s seat of a car that contained the allegedly imported heroin.

The court heard the allegedly imported heroin was valued at about $350,000.

Ms Gordon indicated Ng was likely to face further charges in relation to “small quantities” of three unspecified drugs that were also found in the vehicle.

There had also been “at least two separate imports using the same methods”, Ms Gordon alleged.

The Queanbeyan Local Court, where Choo Hiang Ng was refused bail. Picture: Julia Kanapathippillai

Ng has not been charged over any other alleged drug importations, and his lawyer said he had seen “absolutely no evidence” about them.

Ms Gordon urged Mr Rabbidge to refuse bail because, she argued, Ng was likely to abscond or commit offences if released.

She raised concerns that, with roughly $350,000 worth of heroin seized by police, Ng might be motivated to offend in order to repay a drug debt.

Defence lawyer Lee Ting sought to cast doubt on the strength of the Crown case, which he described as “purely circumstantial”.

Former Australian prime minister Bob Hawke, whose family was brought up in court as magistrate Robert Rabbidge discussed the negative impacts of heroin. Picture: Errol Anderson

While the court heard a co-accused had told police Ng promised him $500 to collect the consignment from the Queanbeyan post office, Mr Ting said the pair’s police interviews contained elements of each man blaming the other.

Mr Ting noted his client had not been accused of physically picking up the consignment, telling the court Ng was “simply the driver” and that he denied any knowledge of the drugs.

But Mr Rabbidge questioned whether someone would drive from Victoria to Queanbeyan, only to find themselves in a car with drugs they knew nothing about.

“How naive can an individual be?” Mr Rabbidge asked.

“That’s what a jury will be thinking about … His naivety would be laughed at, frankly, by a jury.”

The magistrate shared Ms Gordon’s concerns about what he described as a “very real” risk of flight, noting Ng was staring down the barrel of “years in jail” if convicted.

Mr Rabbidge also feared Ng might commit offences while on bail if he owed someone $350,000 as a consequence of the heroin consignment’s seizure.

“The drug trade is a ruthless trade and if a consignment is lost, someone needs to pay the penalty,” the magistrate said.

“If it’s this gentleman, the need to continue in crime is obvious.”

Mr Rabbidge went on to label the drug trade “invidious and cruel”.

He said it created “so many problems in so many Australian families”, citing the example of former Australian prime minister Bob Hawke and his daughter’s heroin addiction.

Mr Rabbidge said that situation had “caused so much angst in her family, including having a prime minister crying on TV”.

Ng is due back in court next month.