Van Tran: Kemps Creek cannabis hydro house accused refused bail
A man accused of helping cultivate thousands of cannabis plants in western Sydney has appeared in court via videolink wearing head to toe protective gear is his Covid-ravaged prison.
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UPDATE
A man whose phone was allegedly linked to a CCTV system used to monitor $13 million in cannabis plants has been refused bail.
Minh Hieu Nyugen, 24, is one of four men charged with cultivating a prohibited plant at a large commercial quantity and participating in a criminal group.
In hearing Nyugen’s Supreme court bail application on Wednesday, Justice Robert Allan Hulme noted Nyugen had never before been in police custody.
And so when officers raided the sprawling Kemps Creek hydro house in August 2020, he allegedly took off in panic, the court heard.
“The applicant and others fled when police entered and they were pursued and apprehended,” Justice Hulme said.
The police facts state CCTV cameras were mounted on a post attached to the entry gate of the property.
“The applicant’s DNA was found on a number of items in the premises including the handle of a freezer, disposable gloves, on a toothbrush and on a pair of gloves or one glove and on two water bottles,” Justice Hulme said.
“On the applicant’s mobile phone police observed push notifications from the home screen sent by an application operated or monitoring the CCTV set up.
“It is argued that the case is a weak one, circumstantial with no direct evidence of any physical act that the applicant did to promote cultivation of the plants.
“It appears to me if the principals of joint criminal enterprise are brought into play, there’s quite a cogent argument of a number men (helping to tend) the $13 million crop.”
The court heard Nyugen would be unlikely to stand trial until well into 2022.
Nyugen, who is currently at Parklea jail where the Covid cluster has reached 75 cases, has been on remand since his arrest.
He appeared in the court via a videolink wearing a blue hospital gown and black rubber gloves, removing his mask so as to converse with a Vietnamese interpreter on the phone.
Nyugen’s friend offered for him to stay at his home if granted bail as well as put up a $50,000 surety and provide him with a job at his café in Wahroonga
Justice Hulme refused bail.
Nyugen will appear in the Sydney District Court for a mention on Friday.
EARLIER
By Emily Macdonald on August 8, 2021
A man who allegedly only helped for a single day in a $13 million cannabis operation spanning 31 hydro homes across western Sydney has been refused bail.
Van Cong Tran, 27, has been on remand at Parklea Correctional Centre for just under a year since he was arrested after police raided a home at Kemps Creek.
Tran has pleaded guilty to cultivating a prohibited plant at a large commercial quantity and participating in a criminal group.
His barrister Matthew Breeze told the Supreme Court on Thursday his role only encompassed one day’s work on the operation and knowledge of 200 plants.
Mr Breeze told Justice Richard Button that Tran’s friend, Ngoc Minh Nyugen, was willing to not only put up a $30,000 surety but supervise his arrest at his Normanhurst home.
Justice Button said if Tran was granted bail he could likely end up not on the North Shore but at an immigration detention centre.
“He’s a person in Australia without a valid visa who has pleaded guilty to an offence that carries a maximum penalty 20 years,” Justice Button said.
Justice Button refused bail to the Vietnamese national.
“It’s possible Mr Tran might be permitted to stay in Australia once he is released, although I think it’s rather less likely than the two times it (remaining in Australia without a valid visa) has happened in the past given he has pleaded guilty to an offence of significant seriousness,” Justice Button said.
“No matter what conditions one might impose for bail, I question whether such a person will answer their bail especially when aware there’s a significant chance they could be detained and ultimately deported.”
Tran will next appear at Campbelltown District Court on August 26.
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