Ngoc Nguyen accused of cultivating a commercial quantity of cannabis

A man has faced court after more than 1300 cannabis plants were found at a property near Geelong.

A man accused of cultivating a commercial quantity of cannabis will be released from prison.

A young man accused of cultivating a commercial quantity of cannabis will be released from prison after his friend provided a $40,000 surety to the court.

Ngoc Nguyen appeared in the Ballarat Magistrates’ Court via video link from custody on Thursday.

The court heard he was facing an “extremely serious charge” of cultivating a large commercial quantity of cannabis.

Magistrate Bruce Cottrill outlined that 1328 cannabis plants were seized from a greenhouse at an Inverleigh property, in addition to bags of dried cannabis.

The court heard the prosecution case was that the accused was seen at the property and that he had been living in a shipping container there.

“At the time police attended, the accused was seen walking back from the greenhouse. He was spotted by police and then attempted to flee,” he said.

The court heard Nguyen made some admissions to police, including that he assisted by lifting items, using hoses and a water bucket.

Gloves and bottles seized from the property have been submitted for forensic examination, but it could take between six and nine months for results to be returned.

Defence lawyer Cara Foot had asserted there was no evidence Nguyen had been cultivating the cannabis, the court heard.

The defence had previously submitted that Nguyen should be granted bail due to the foreseen delay in the case and that he was a young man.

Mr Cottrill said the prosecution’s earlier submissions that Nguyen could be a flight risk could be seen as “nothing more than a speculative possibility”.

“There is nothing before the court which establishes there is an unacceptable risk or that he is likely to endanger the safety and welfare of anyone,” he said, adding there was also no evidence he would be likely to offend while on bail, given he had no criminal history.

Satisfied the test had been met, Mr Cottrill granted bail with conditions to “ameliorate what otherwise might be acceptable risk factors”.

“This is largely a matter where other persons may be investigated. Forensics may or may not strengthen the case of prosecution and the court is aware it is required to take the prosecution case at its highest, but I’m satisfied in all circumstances that bail should be granted.”

Nguyen will live with his parents, surrender all passports and is not allowed to leave Victoria or Australia or associate with the co-accused.

His friend of six years provided his house as surety to the court and also offered Nguyen a job.

The case will return to court for a contested hearing in October.