Toowoomba man Timothy Thomas O’Neil granted bail following seizure of stolen guns and drugs

A man accused of stashing dangerous drugs and stolen weapons argued police have got the wrong man.

Picture: Kevin Farmer

A man charged with serious drug and weapon offences argued police arrested the wrong man.

Toowoomba man Timothy Thomas O’Neil is charged with multiple serious offences including possessing dangerous drugs and unlawful possession of weapons after police found two stolen guns and a large quantity of a schedule 1 drug in a vehicle he was allegedly seen fleeing the night before.

Mr O’Neil was originally granted watchhouse bail on six charges but was then charged with 12 further offences on June 14 following a search of the vehicle.

The 42-year-old appeared via video link before Toowoomba Magistrates Court on Monday to appeal for bail, arguing a lack of police evidence linking him to the illicit items.

“QPS could not spy a weapon, drugs or an implement, it’s only after moving items that they discovered one of the weapons,” defence solicitor Michael Cridland said.

“All drugs were located in cases found in the space cab behind the driver’s seat, the cases were concealed by other illicit items in the space cab – none of which are linked to Mr O’Neil – there’s no forensic evidence, no clothing, nothing connecting those items in the cab space to Mr O’Neil,” he said.

Both police and Mr Cridland claimed Mr O’Neil was a passenger in the vehicle, not the driver.

“It would require the crown to positively disprove that the drugs and weapons were not, in fact, in the possession of the driver of the (car) – whose wallet, clothes and phone were located in the vehicle,” he said.

“Such a proposition, respectfully, has some obvious complications for the prosecution which in my submission is insurmountable at trial.”

Mr Cridland said Mr O’Neil had spent around four months in custody and would likely not see his case heard until late next year.

Police prosecutor Nicholas Pratt conceded there were issues with the strength of the evidence but argued multiple serious charges were likely to stick.

“Even if the 12 charges were to go, I’d say there still is a chance he’d serve a little bit more actual time,” Mr Pratt said.

“There would still be some fairly serious offences remaining.

“We’re not quite yet at the stage where we could be certain he would be serving so called ‘dead time’.”

Mr O’Neil was granted bail for all charges with conditions to report to police and to not contact his co-accused.

His case will next be heard in Toowoomba Magistrates Court on October 28.