Rushworth man charged with drug trafficking granted bail

A man police accuse of possessing more than 5 g of methamphetamine when he was found uninvited in someone’s property has been granted bail.

Jason Garvey, of Rushworth, was charged with trafficking methamphetamine after being arrested in Shepparton on September 21.

Nominal informant Constable Ben Murray told the court the man allegedly entered a Gowrie St property via a side door about 1.50 am on that date, without the permission of the owner.

The court heard the owner returned home and saw a ute in her driveway, before she and her partner went to the front door and saw it was open. They recognised the accused, who said he needed to collect some belongings.

Constable Murray said police attended soon after; it was heard Garvey told police he was there to stay for the night and had previously been given permission to stay at the house, but the owner told police this was not the case.

When police searched Garvey’s possessions, they allegedly found a zip-lock bag containing methamphetamine, later weighed at 5.2 g.

The court heard police also found zip-lock bags, scales and a notebook recording transactions of the sale of “points” and “grams” in Garvey’s backpack.

The court heard Garvey was on bail at the time of the offending, for charges including burglary, theft, handle stolen goods, dishonestly undertake retention of stolen goods, deal property suspected and possess a drug of dependence.

Constable Murray said Garvey had openly told police he used ice and associated with other ice users. He alleged he was a risk of continue to commit drug offences.

Defence counsel John McNamara acknowledged his client’s “significant” mental health and substance use issues, telling the court he needed assistance from the Court Integrated Services Program to address them.

He said if Garvey was not granted bail he could spend more time on remand than he would receive in a potential sentence.

Magistrate Peter Mithen granted bail, finding compelling reason to do so via Garvey’s family support, stable residence and his need for treatment.

He noted calling a custodial sentence likely upon a conviction for the charges was “not an understatement”, and acknowledged Garvey’s “appalling criminal record”.

Bail conditions include to comply with CISP and to abide by a curfew.