McCann Jnr Livingston: Alleged kidnapper’s bid to live with brothers

A Mt Druitt man accused of invading a San Souci home and violently kidnapping a man has made a bid for bail. He wants to live with his brothers, who police alleged have links to a gang, a court has heard.

A Mt Druitt man accused of a violent break and enter and kidnapping of a San Souci man has been granted bail after he completed a residential rehabilitation program.McCann Jnr Livingston, 21, appeared in Sydney Downing Centre on Thursday, where he sought to change his bail conditions before graduating from a seven-month drug program.Livingston has been charged with specially aggravated break and enter and committing a serious indictable offence with a weapon, take and detain in company with the intent to get advantage occasioning actual bodily harm and being carried in conveyance taken without the consent of the owner.He is set to defend the charges at a trial with four co-accused on September 18, 2023. Picture: Instagram

A Mt Druitt man accused of a violent break and enter and kidnapping of a San Souci man has been granted bail after he completed a residential rehabilitation program.

McCann Jnr Livingston, 21, appeared in Sydney Downing Centre on Thursday, where he sought to change his bail conditions before graduating from a seven-month drug program.

Livingston has been charged with specially aggravated break and enter and committing a serious indictable offence with a weapon, take and detain in company with the intent to get advantage occasioning actual bodily harm and being carried in conveyance taken without the consent of the owner.

He is set to defend the charges at a trial with four co-accused on September 18, 2023.

Sam Amine (right) who was the alleged victim of the Sans Souci kidnapping.

Police allege four men forced their way into the house of 44-year-old Sam Amine and a woman in Sans Souci in June last year.

It is further alleged that Mr Amine was forced out of the home, into a stolen BMW, and taken to another address in Padstow.

Police allege the men brandished a gun and beat Mr Amine, who at times lost consciousness.

Mr Amine allegedly freed himself, left the home and notified police, who later arrested Livingston and his co-accused.

Livingston was charged in June 2021 and on remand in jail until January 27, 2022, when he was granted bail in the Supreme Court to attend the drug rehabilitation program.

In court, a Crown prosecutor opposed Livingston returning to his mother’s house because that was where he lived at the time of the alleged kidnapping.

She also said police believed two of Livingston’s brothers, who lived at the home, were allegedly members of the 14th Street gang.

Livingston was charged in June 2021 and on remand in jail until January 27, 2022, when he was granted bail in the Supreme Court to attend the drug rehabilitation program.Picture: Instagram

Defence lawyer Michael Moussa submitted there was no evidence tendered to court to support that claim, and rather, it was the “opinion” of the lead investigator on the case.

Judge Tim Gartelmann agreed with him.

Mr Moussa said additional bail conditions proposed would mitigate the court’s concerns.

“Particularly in relation to telephone conditions in which police would have access to his telephone, number and location,” he said.

“He would also make himself available to police for curfew checks.

“This gentleman has spent months in custody and was a person aged 20 at the time of the allegation.

“He is a young man, and the conditions are onerous.”

Defence lawyer Michael Moussa represented Livingston. Picture: NCA NewsWire / Damian Shaw

Mr Moussa said Livingston opposed wearing an electronic monitoring device because the cost amounted to $24,000 per year and was too much for him and his family, on top of legal fees.

The Crown prosecutor submitted that was a necessary bail condition.

Judge Gartelmann said he needed to consider how Livingston would be monitored once released from the residential rehabilitation facility because there was oversight provided by centre staff.

Livingston is expected to graduate from rehabilitation and leave the facility on Friday.

Mr Moussa said the director of the drug rehabilitation facility, who has been Livingston’s carer for the past eight months, could forfeit $15,000 to ensure Livingston’s compliance with bail.

The Crown prosecutor said the facility director did not have a close relationship, like a family member, with Livingston and therefore, he would not be as concerned about losing the man’s money.

The prosecutor also noted that Livingston’s co-accused had offered $1 million and $80,000 as surety and submitted $15,000 was not sufficient.

Judge Gartelmann said the proposed bail conditions “substantially reduced the risk” of Livingston committing a further serious offence.

Livingston was granted bail to live at his mother’s Mt Druitt home, only leave the house in her company for the purposes of legal and medical appointments, and to report to police daily.

Livingston can only use one mobile phone, with the number given to the police, and he must keep location settings enabled and present himself to police when they attend his home to confirm his compliance with his bail conditions.

An acceptable person must also agree to forfeit $15,000 if Livingston doesn’t comply with bail, and he must continue with the community-based drug rehabilitation program.