Applications for bail by Mahoney and Gomide

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2018 0009
S CR 2018 0017

IN THE MATTER of an application for bail by Martin MAHONEY

IN THE MATTER of an application for bail by Pedro GOMIDE

---

JUDGE:	Beale J
WHERE HELD:	Melbourne
DATE OF HEARING:	9 February 2018
DATE OF JUDGMENT:	19 February 2018
CASE MAY BE CITED AS:	Applications for bail by Mahoney and Gomide
MEDIUM NEUTRAL CITATION:	[2018] VSC 66

---

CRIMINAL LAW – Applications for bail – Co-applicants – Show cause situation – Drug trafficking offences – Applicants alleged to be in possession of illicit drugs while travelling to a music festival together – Bail refused to Mahoney but granted to Gomide.

---

APPEARANCES:	Counsel	Solicitors
For Mahoney	Mr J Cantor	Ellinghaus and Linder
For Gomide	Mr T Lavery	MG Wardell Barrister & Solicitor
For the Respondent	Mr M Aitken	Victoria Police

HIS HONOUR:

1. On the 9 February 2018 I heard applications for bail by Martin Joseph Mahoney and Pedro Gomide. I refused Mahoney’s application but granted Gomide bail. I said I would provide written reasons later and I do so now.

Alleged Offending

1. On 17 January 2018, the applicants were approached by police investigators at a service station in Warrenheip. Mahoney advised investigators that he and Gomide were on their way to the ‘Rainbow Serpent Festival’, and that he was engaged as a contractor for the event to supply tents and equipment through his business ‘Psyclone Tents’.

1. A search of Gomide located a zip-lock bag containing brown powder, two tablets and $1,369.25 cash. A spot test of the tablets and brown powder indicated that they were both amphetamine.

1. A search of Mahoney located a zip-lock bag containing white powder, a folded up business card containing white powder, $189.80 cash and what the prosecution alleges is a ‘tick-list’ setting out various names and corresponding amounts of money.

1. A search of the vehicle, which was registered to Mahoney’s business ‘Psyclone Tents’, located, inter alia, the following:

·     Four envelopes containing zip-lock bags with large quantities of white powder;

·     Two zip-lock bags containing white powder;

·     Two zip-lock bags containing a black crystal-like substance;

·     Two zip-lock bags containing a brown substance (alleged to be ‘hashish’);

·     Two drink bottles containing a liquid substance (alleged to be ‘GHB’);

·     84 grams of cannabis;

·     Two boxes of zip-lock bags;

·     One set of electronic scales;

·     $10,705.00 cash (Australian currency);

·     A pouch containing identification for Gomide and $187.40 cash; and

·     $6,200.00 cash (US currency).

1. The applicants were arrested and remanded in custody and charged with the following offences:

·     Trafficking cocaine

·     Possessing cocaine

·     Trafficking amphetamine

·     Possessing amphetamine

·     Trafficking MDMA

·     Possessing MDMA

·     Possessing cannabis

·     Possessing hashish

·     Dealing with property suspected of being proceeds of crime

1. On 31 January and 1 February 2018, the following additional charges were laid against both applicants:

·     Trafficking ketamine

·     Possessing ketamine

·     Trafficking LSD

·     Possessing…