A barrister facing drug charges has been granted bail on his third attempt after a court accepted his argument that his safety was at risk in prison given his history as a prosecutor.
Anthony Grant, 44, faced the Victorian Supreme Court on Monday after spending two months behind bars since his arrest at his CBD apartment in August.
Anthony Grant arrives at the Supreme Court of Victoria on Monday.Credit: AAP
Police had raided his rented Queens Road apartment and seized about 11 litres of 1,4-butanediol (commonly known as “bute” and which naturally converts into GHB), MDMA, ritalin, ketamine, magic mushrooms, cocaine and ecstasy.
Grant is facing more than a dozen drug-related charges, including trafficking a commercial quantity of GHB and ketamine, and possessing methylamphetamine and Sildenafil pills.
Grant, who previously worked as barrister at Owen Dixon Chambers, has made two previous attempts at bail, both of which were rejected in the Melbourne Magistrates’ Court earlier this year.
However, on Monday, Supreme Court Justice Amanda Fox ruled Grant met the threshold for exceptional circumstances for bail after accepting evidence from his barristers that he faced more difficult and onerous conditions in custody than a regular remand prisoner.
“Given his profession, remand has been personally humiliating as well as onerous,” Fox said.
“He fears for his safety, and I accept those fears are rational given his previous employment as a prosecutor.”
She said Grant had initially been held in protection, including spending 23 hours a day in solitary confinement, due to the risk he could encounter people he had prosecuted and former clients in custody.
Grant’s lawyer, David Hallowes, told the court his client had described his time in the maximum-security Melbourne Assessment Prison as “hell on earth”.
Grant is facing 13 charges, including trafficking a commercial quantity of 1,4-Butanediol and possessing other drugs, including methamphetamine, cocaine and ecstasy.Credit: Melbourne Magistrates’ Court
He has since been transferred to Hopkins Correctional Centre, which he described as a “prison within a prison”, where he remained in protective custody but was able to spend nine hours out of his cell each day.
Hallowes argued Grant should be granted bail due to his lack of prior criminal history, the fact he had stable accommodation and family support, and because court delays meant any potential trial was two years away.
This could mean that the time Grant spent on remand might be greater than any potential custodial sentence imposed, Hallowes said.
Fox said she accepted Grant might not stand trial until 2026.
“That is a lengthy period of time to spend on remand, remembering that the applicant is presumed innocent and may be acquitted of the most serious charge,” she said.
Fox said that while trafficking a commercial quantity of a drug of dependence was a serious offence, the accused’s alleged offending did not appear to be “very well planned or sophisticated, with bottles of butanediol not very well hidden”.
Police also allege they seized dozens of packets of prescription medication, while crime scene photographs released by the court at a previous hearing showed a prosthetic penis, designed to use another person’s urine to cheat drug screenings, in a kitchen cupboard.
The court earlier heard Grant had lived “somewhat of a double life” before his arrest, hiding his alleged offending and drug abuse from his colleagues and family.
Police allege they found drugs and paraphernalia in barrister Anthony Grant’s apartment.Credit: Melbourne Magistrates’ Court
“In effect, he’s destroyed his life’s work,” Fox said.
His brother told the hearing that the two were close, and he had been shocked by Grant’s arrest and drug charges.
He promised to do what he could to supervise and support his brother, including alerting police if Grant breached any of his bail conditions.
Fox imposed strict bail conditions on Grant, including that he undergo weekly drug screenings, seek addiction and mental health support, surrender his passport and attend a police station three times a week.
He must not contact his girlfriend, co-accused Atousa Haghighi, whom he shared his apartment with. She was granted bail last month.
His bid for bail was rejected by prosecutor Jessica Hotchkin, who told the court police were still combing through CCTV and forensics.
The court also heard police were seeking access to Grant’s electronic devices after he refused to hand over his PINs and passwords, citing professional privilege.
Grant was ordered to reappear in court at a later date.
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