Brandon James Kelly charged with trafficking, supplying dangerous drugs

An Australia Post parcel filled with “white substance” prompted police to execute a search warrant at Central Queensland home. But lawyers argue the process may have been illegal.

After an Australia Post parcel filled with “white substance” was found police were able to get a search warrant to raid a Central Queensland man’s home, but his lawyers say the process may have been illegal.

Lawyers for a man charged with trafficking after a police raid on a Central Queensland property have claimed the search warrant could have been invalid, because of a parcel of drugs delivered to a Mackay auto shop.

Brandon James Kelly did not appear in Mackay Magistrates Court on Monday, but he is facing 11 charges after his property was searched on September 1, 2023.

Fisher Dore Lawyers senior associate Antoinette Morton said an inquiry made by an unknown person led to a parcel containing “an amount of white substance found inside a sock in a ziplock bag (with) an identification label attached”

Ms Morton told the court this became “the basis on which the search warrant was made”.

She said the search warrant itself may not be valid because the defence did not know who that person was or what authority they had.

Ms Morton ceded to Magistrate Nigel Rees’ remark he would not give any directions revealing the informant’s identity, but argued the “chain of custody” could be tested.

“As opposed to the identity of individual, your Honour could consent to cross examination on the nature of the informant and whether the informant is an employee of Australia Post,” Ms Morton said.

“What this goes to is that only designated individuals within Australia Post have the authority to examine packages.

“This goes to an application in the supreme court about the validity of the search warrant, particularly if it is based on illegal activity in the first instance within Australia Post.”

Police prosecutor Sergeant Linden Pollard said the business was small and only be one or two people would be “authorised to open any documents or mail delivered to the business address”.

As Sergeant Pollard said the parcel’s chain of custody could be “tested”, Ms Morton noted to the court that he had publicly identified the business.

Mr Rees directed that “defence are entitled to test the chain of custody so long as it does not identify the informant”.

Mr Kelly is charged with possessing used drug utensils, items used in the commission of crime, dangerous drugs, property suspected of being proceeds of a drug offence, five counts of supplying dangerous drugs and one count of trafficking.

His matters were adjourned for hearing to August 22.

Originally published as Brandon James Kelly charged with trafficking, supplying dangerous drugs