Supreme Court: Joshua Toole, 39, applies for bail over alleged drug syndicate charges
The Deputy Premier’s brother has made a bid for bail after being charged with alleged drug offences because he is trapped “like a caged animal” 23.5 hours a day in segregation, a court has heard.
Central Coast
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Joshua Toole — the brother of NSW Police Minister and Deputy Premier Paul Toole — is confined to a cell 23.5 hours a day leaving him feeling like “a caged animal and an emotional wreck” after being charged with “very serious” alleged drug offences, a court has heard.
The 39-year-old faced a Supreme Court Bail hearing on Thursday which heard Joshua Toole’s “high profile” brother meant he was segregated in a 4m-by-2m cell with just 30 minutes of exercise a day.
The court heard Joshua Toole was on parole for previous drug supply offences when he was captured by telephone intercepts allegedly using the encrypted app Threema to direct a criminal group and supply drugs using the handle “Smiley”.
However his barrister Philip Strickland told the court the circumstantial case against his client relied on “coincidences” and was not very strong.
The Crown prosecutor told the court the case went beyond coincidences including that the “Smiley” handle on Threema “went offline” after his arrest.
Justice Julia Lonergan found that Joshua Toole’s inmate classification requiring his protection in segregation was unlikely to change, despite being up for review by Corrective Services in January, and his drug charges were unlikely to be finalised until 2024.
“This to my mind is entirely unsatisfactory no matter what the reasons are considered to be,” she said.
“In my view on its own that is sufficient to show cause as to why his ongoing detention is not justified, particularly when no alternative is offered to this court by way of evidence of otherwise as to when that situation would change or why that situation could change.”
Justice Lonergan granted Joshua Toole strict conditional bail including that he not approach any port of departure or apply for a passport, report daily to Belmont Police, abide by a curfew, abstain from illicit drugs and not have a smart phone or access any encrypted devices or applications.
She also ordered Joshua Toole’s former partner put up the title deeds to her Glendale house to the value of $500,000 as surety and that he be fitted with an electronic monitoring ankle bracelet, which the court heard would be funded by a family member.
It comes after Joshua Toole, of Belmont North, was charged with allegedly directing a sophisticated criminal group that used an encrypted app and three “dead drop” locations to supply large amounts of ice across the Hunter and Central Coast.
In April 2022, detectives from the State Crime Command’s Drug and Firearms Squad, in partnership with the NSW Crime Commission (NSWCC), established Strike Force Great to investigate the supply of methylamphetamine throughout the Central Coast and Hunter regions.
As part of ongoing inquiries, strike force detectives arrested Joshua Toole and a 24-year-old woman following vehicle stops at Belmont and Killarney Vale, respectively, about 9am on October 12.
A short time later, investigators raided properties at Belmont North, Nords Wharf and Wadalba, locating and seizing more than 2kg of methylamphetamine — with an estimated potential street value of $2 million — $220,000 cash, a gel-blaster firearm, electronic devices, and other items.
Joshua Toole was taken to Belmont Police Station where he was charged with supplying a large commercial quantity — 2kg — of a prohibited drug, knowingly direct activities of a criminal group, participating in a criminal group contributing, and five counts of supplying prohibited drugs on an ongoing basis.
Strike Force Great detectives will allege in court Joshua Toole — who allegedly went by the username “Smiley” — directed a group that used the encrypted mobile phone app Threema to co-ordinate the supply of drugs and collection of cash from three known “dead drops”.
Detectives will allege Joshua Toole directed two other men — aged, 43, of Belmont North, and, 41, of Wadalba — along with the 24-year-old woman to facilitate the supply of methamphetamine to undercover operatives in quantities of 140g, or five ounces, at a time in exchange for cash amounts ranging from $30,000-$32,500.
Joshua Toole will face Belmont Local Court again on December 7.
The two other men, and the woman, have also been charged with a number of drug offences and also remain before the courts.
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