Toowoomba man Brandon Smith's bail denied amid illegal search claims

A regional Queensland court has heard allegations police officers illegally stopped, detained, and searched a suspected drug runner as he walked down a street.

Picture: NewsWire / Glenn Campbell

Toowoomba police have been accused of abusing their powers to stop and detain a Toowoomba man who was pulled up while walking down a street.

A court heard the 27-year-old, Brandon Nicholas Smith, was detained, searched, and arrested by police on Tuesday, July 22, with officers allegedly finding drugs and evidence of drug deals on his phone.

During the soon-to-be father’s bail application before the Toowoomba Magistrates Court on Wednesday, July 23, acting duty lawyer Matt Gemmell said officers illegally searched Mr Smith because they didn’t have sufficient reason to stop him.

A Toowoomba court it is in dispute weather or not officers abused their powers to search and detain a man suspected of returning to the drug trade.

Mr Gemmell said the officers provided two different accounts as to why Mr Smith was stopped.

The first was that Mr Smith was carrying two different bags, which was deemed suspicious, however Mr Gemmell said the officers had told Mr Smith they wanted to talk to him about a missing wallet.

He said, although it seemed like a strong police case, the evidence police gained during the alleged illegal search and seizure was now inadmissible in court.

Mr Gemmell conceded Mr Smith’s history was not in his favour, especially given he was on bail for similar offences, however the young man was about to start a new life on the Sunshine Coast with his pregnant partner.

Prosecutor Kinsley Weir said police opposed Smith’s bail application, noting the seriousness of the alleged offence, which she said he’d spent time in jail for in the past.

Ms Weir said she disagreed with Mr Gemmell, stating police officers had the right to stop anyone, and if they formed a reasonable suspicion, they could indeed detain and search them.

Magistrate Michelle Dooley said if the evidence was illegally obtained by police, lawyers would have to make a submission to police, but she had to deal with the case at its highest level based on the charges before the court.

If the charges were to go ahead, she said there seemed to be evidence that Mr Smith may be dealing drugs again, which is incredibly serious considering the detrimental effects drugs cause to the community.

Upon hearing this Mr Smith, exclaimed “f-ck” and begged Magistrate Dooley to grant him bail, assuring her he was about to have a fresh start in a new city where he had no contacts.

Magistrate Dooley told him perhaps he should have moved sooner, and refused his application on the basis that the was an unacceptable risk to the community.

She said if the charges were dropped, he would be eligible to apply for bail again.

The case will next be before the court on August 13.

Mr Smith was charged with seven offences, which included two counts of supply and possession of dangerous drugs, and one count of possessing a knife in public.

The court heard police may charge Mr Smith with more supply charges after his phone has been fully examined.

Originally published as Toowoomba man Brandon Smith's bail denied amid illegal search claims