Accused drug trafficker Mycal John Reiss applies for bail
A magistrate has told the Office of Public Prosecutions to explain how they’re going to prove their case against a Geelong man accused of trafficking a commercial amount of ice.
Whether prosecutors can decisively link an accused drug trafficker to a drug-filled tool bag he allegedly held for “seconds” will decide the case against him.
Mycal John Reiss, 35, beamed into Geelong Magistrates Court from the Metropolitan Remand Centre on Monday to ask magistrate Peter Mellas for bail.
Mr Reiss faces charges including reckless conduct endangering serious injury and trafficking a commercial quantity of ice.
The court heard that on May 31, an incident involving Mr Reiss allegedly driving at police and members of the public led police to a block of units on Thompson Rd in Norlane.
There, Mr Reiss was arrested near the silver Holden Commodore he’d allegedly been driving.
His co-accused – Jordan Petherick – was found underneath a Toyota HiLux next to the Holden.
A tool bag was also located underneath the car and inside was various bags of ice totalling approximately 120g, including 104g pure.
The court heard cannabis, “various tablets”, cash and jewellery items were also in the bag.
No positive fingerprints were identified on the bag’s contents, the court heard, while the result of DNA swabs was outstanding.
The case’s informant, Senior Constable Adam Mitchell, initially told the court Mr Reiss’ wallet was found in the bag, however the court heard it may have been found near the bag, “somewhere” underneath the HiLux.
The court heard CCTV footage showed Mr Petherick get out of the Holden with the bag before the two men went inside a unit.
Police were unaware of what occurred inside, the court heard, but after they left CCTV showed Mr Reiss briefly had the bag, before it was put on the ground and Mr Petherick picked it up and put it in the Holden.
Mr Reiss’ lawyer, barrister Maddy Grant, argued the prosecution would have difficulty proving its case for trafficking or drug possession.
“There’s no evidence on the brief … as to whether the tool bag had any drugs inside it prior to being inside the unit,” Ms Grant said, noting there was also a lack of other evidence of trafficking like tick books.
Mr Reiss’ phone was seized by police, however it had been “wiped” by a factory reset, the court heard.
Ms Grant argued there were two issues in the prosecution’s case, the first being the search of the tool bag was unlawful as it occurred after the alleged driving incident “in circumstances where the driver had already been located and arrested”.
The second issue was around whether the prosecution could prove possession without a forensic link.
Mr Mellas said it was a “circumstantial case at best” and asked prosecutor Vinod Nath how the prosecution was going to prove the charges.
“He’s seen with the bag, the bag contains drugs, the wallet was found next to the bag … that’s not going to cut it,” Mr Mellas said.
“What evidence is there, that he’s got any idea of what’s in the bag? Is the jury going to be told, because he was carrying the bag, he must have known what’s in it?”
Mr Mellas adjourned the bail application to allow for the DNA report to be provided, and ordered there be “formal written submissions” from the prosecution explaining “how they say the case can be made out”.
Mr Reiss’ bail application will continue on December 18.
He and Mr Petherick, who is on bail and faces the same allegations excluding the driving, will face a committal hearing in March.
More Coverage
Originally published as Accused drug trafficker Mycal John Reiss applies for bail
