New details of Mostafa Baluch manhunt revealed in court

Secret text messages used to plan the daring escape of accused drug kingpin Mostafa Baluch have been revealed in court.

The secret messages allegedly used to plan Mostafa Baluch’s daring escape from custody have been revealed in court for the first time.

The truckie accused of slipping the wealthy restaurateur and alleged drug lord across state lines launched a bid for freedom in Sydney on Wednesday.

But Jovanco Kitanovski will remain behind bars after his bail application was refused.

Mr Baluch was arrested following a two-week nationwide manhunt when he was discovered inside the boot of a Mercedes inside a shipping container at the NSW-Queensland border in November.

He was the target of one of the country’s most high profile fugitive searches after he allegedly cut off his electronic ankle monitor just four days after being granted bail by a Sydney magistrate.

Mr Kitanovski has been charged over his alleged role in the escape attempt and is accused of driving the truck in which Mr Baluch was found.

The 46-year-old on Wednesday appeared in the NSW Supreme Court where he applied to be released on bail, with the court hearing how he allegedly played a key role in “every step of the planning” of Mr Baluch’s escape including taking part in a WhatsApp group chat.

The court heard that at the time, NSW Police were closing in on the millionaire restaurateur, who is accused of financing a 900kg shipment of cocaine into Australia.

“F*** they are on his tail,” Mr Kitanovski told the other members of the group, the court heard.

Fugitive Mostafa Baluch was discovered inside a shipping contained attempting to cross the Queensland border. Picture: NSW Police.

The court heard prosecutors alleged that Mr Kitanovski picked up Mr Baluch from a Bankstown Hotel on the morning of November 9 and took him to another location where he was loaded onto the truck.

Justice Walton said it was alleged Mr Kitanovski used his Liverpool-based trucking business Kit Bros to help Mr Baluch into the boot and drove the car into a shipping container, which was then hoisted onto one of the company’s trucks.

The court heard the Mercedes Benz in which Mr Baluch was discovered also belonged to Kit Bros.

Mr Baluch was found inside with a stash of food, his brother’s ID, four phones and a large stack of money.

He also had in his possession the car’s key, which he used to lock himself inside.

The court heard that Mr Kitanovski was also found in possession of an encrypted mobile phone and refused to give police the access code after his arrest.

According to the prosecution, he was set to drive Mr Baluch to Townsville - some 2100kms from Sydney.

“The applicant was communicating with a WhatsApp group specifically about Mr Baluch and the police being close to finding Mr Baluch,” crown prosecutor Lester Fernandez said.

“Thereafter every step in relation to the collections and the loading and the transportation of Mr Baluch was individually done by the applicant, who was intricately involved in planning and he had an extremely high role in the enterprise to take Mr Baluch out of the jurisdiction.”

Alleged drug kingpin Mostafa Baluch was escorted back to Sydney under police guard. Picture: Richard Dobson.

If found guilty, Mr Kitanovski is facing up to 10 years in jail having been charged with attempting to obstruct or pervert the course of justice.

Queensland Police allowed Mr Kitanovski to leave the border checkpoint after Mr Baluch was discovered, the court heard.

He was later stopped by NSW Police at Tucabia, near Grafton.

His defence pointed to the fact he had not attempted to flee or dispose of the truck after he was released by Queensland Police, instead driving down the Pacific Highway before he was arrested in northern NSW.

His lawyers also argued that any final sentence could exceed the time spent in custody given he could face another 18-month wait for his legal proceedings to be finalised.

However, Justice Walton rejected that argument.

They also raised questions about the admissibility of two electronic police interviews, including one conducted on the roadside at the border after his truck was stopped.

“You said to (a police officer) before though, you were just scared about what you think these people can do to you,” one of the officers said during an interview with Mr Kitanovski, the court heard.

NSW Police and Transport NSW officers raid the Kit Bros depot in Liverpool following Mostafa Baluch’s arrest. Picture: Toby Zerna

NSW Police inspect a truck at the Kit Bros depot. Picture: Toby Zerna

Justice Walton described the crown case against Mr Kitanovski as “relatively strong” and found he represented an unacceptable flight risk.

“I consider, on the material presently before the court, it may be concluded that the applicant was personally and singularly involved in the collection, loading and transportation (of Mr Baluch) for the purpose of the escape,” Justice Walton said.

Mr Kitanovski watched the proceedings via videolink from Clarence Correctional Centre.

When told that he had been denied bail, he exclaimed “f***” and hastily exited the room.