Director of Public Prosecutions v Cruz
[2022] VCC 931
•16 June 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT Melbourne
CRIMINAL DIVISION
CR-21-00064
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DWAINE CRUZ |
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JUDGE: | HER HONOUR JUDGE GAYNOR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 16 June 2022 | |
CASE MAY BE CITED AS: | DPP v Cruz | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 931 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms M. Zammit | |
| For the Accused | Ms A. Patterson |
HER HONOUR:
1 Dwaine Israel Cruz, you have pleaded guilty before me to one charge of stalking, three charges of theft, one charge of common assault, one charge of robbery, two charges of possessing a drug of dependence and 10 charges of handling stolen goods.
2 The facts underlying your offending are as follows: In December 2019 you met the victim in this matter, Isabelle Popovic[1], through mutual friends and soon after the two of you began a relationship but on 3 March 2020 Ms Popovic told you she wanted to end it. However, the two of you continued to see each other regularly until 26 March 2020 during which time Ms Popovic was a contestant on a reality TV program.
[1]A pseudonym.
3 Ms Popovic reported to police that soon after the relationship started your behaviour changed, you became very possessive, called her often, asked about her whereabouts, who she was with and always wanted to see her. You would also get upset and angry if Ms Popovic changed plans to see you. The two of you contacted each other many times a day using a WhatsApp phone and Instagram and/or Facebook manager and email.
4 On 25 February Ms Popovic organised to see you the next day but while you were en route to meet her she told you she was at a gym in Spotswood and had changed her mind and did not want to see you. You went to the gym, stood outside, said you would go into the class and cause a scene. As she walked out she saw you walking towards her from the Spotswood train station. She said you were furious and yelled at her for going to the gym and not seeing you.
5 Two days later Ms Popovic went to your house and the two of you watched movies on her laptop which she left behind so you could make music on it. She was going to pick up the laptop the next day but forgot, and the two of you organised for her to assist you to look for a rental property the following day as you were moving out of your residence on 1 March.
6 On 29 February you called Ms Popovic to ask her to help house hunt. She said she had changed her mind and was going to see her family and you got upset. She said you were possessive and she needed space from you and you continued to call her throughout the day. You threatened to delete her social media accounts as you had her laptop at your house.
7 The next day, 1 March, Ms Popovic could not access her Instagram account as you had deactivated it and she went to your address in Carlton in the afternoon to get her laptop back. When she arrived she packed her laptop and spoke to you about Instagram details but you said words to the effect of 'Bad luck'. That evening Ms Popovic went to an event related to her appearance on the reality TV program and told you that if you turned up she would have security remove you. You arrived at 7.30 pm despite what she had said to you, were told by Ms Popovic’s friends to leave, and you and Ms Popovic argued in front of other attendees and you were humiliated by this.
8 You were evicted from your premises on 2 March 2020, your landlord calling Ms Popovic and advising that you had left a suicide note on the fridge at the apartment. The note read, 'Dear Angel, [Isabelle] has asked me to kill myself so I'm doing that. I saw your messages to her. I'm sure both of you will be happy. Sorry. Good bye, Rael'. The background of this apparently is that you obtained the residence that you had, because the landlord was an enormous fan of the reality TV program and Ms Popovic had paid the bond at the time. On 3 March 2020 Ms Popovic told you the relationship was over.
9 Charge 1, stalking, is a rolled up charge, that is, it consists of a number of different events. The prosecution case is that this was committed by you between 3 and 26 March 2020. On 3 March Ms Popovic received two text messages from 'Vic Police' telling her to contact a particular police officer regarding you, that is Mr Cruz's self-harm. Ultimately it was discovered that this had been sent by you using a computer-generated text and with a phone number not associated to police. The two of you spoke later. You admitted you had sent the messages. You apologised and said you were homeless, suicidal and needed help, and Ms Popovic then spoke to your mother.
10 On 4 March you messaged Ms Popovic stating that you could not give her Instagram back straight away and it would take a while for Facebook to re‑enable it. This was important to Ms Popovic as she needed a social media presence because the reality TV program was airing. You then unilaterally changed your Instagram account with 16,000 followers to mimic Ms Popovic’s, adopting the old photos of Ms Popovic and offering to transfer your account to her, but she did not accept this.
11 You then called her many times and sent her various messages, telling her you were going to send people to her house and screenshots of messages you sent to friends with her address. Ms Popovic then went to the Williamstown police station and provided a statement to police describing all the incidents which had occurred and applied for an intervention order. On 11 March 2020 she again attended the Williamstown police station, but withdrew her complaint due to you apologising and promising to stay away. She told police she did not feel threatened by you any longer.
12 After she withdrew the complaint you called her every day and Ms Popovic felt harassed so met you on 12 March, at which time you asked to borrow her laptop to remove your music files. On 15 March 2020 Ms Popovic went to Williamstown Hospital discovering she was pregnant and then met you in North Melbourne and told you of this, but said she was considering an abortion. On 16 March Ms Popovic arranged to meet you at an Airbnb in Melbourne to get her laptop back, but when she arrived and went to grab it you took it out of her hands, called her a fool and refused to give it back to her. These actions underlie part of Charge 2, theft of the laptop.
13 You pushed Ms Popovic and pulled her hair. Ms Popovic grabbed her keys and ran out. There was an argument between the two of you over the possible abortion and Ms Popovic being in contact with her ex-partner who was also subject to an intervention order. You insisted Ms Popovic seek medical advice before making a final decision and she organised to see her neurologist on 18 March, followed by an abortion over 19 March. She left her laptop with you. Your actions in pushing Ms Popovic and pulling her hair underlie Charge 3 on the indictment, common assault.
14 On 17 March, unbeknownst to you, Ms Popovic spoke to her neurologist who reminded her of the high risk of deformity in pregnancy due to a high dose of medication she was taking for multiple sclerosis and other medical issues. Ms Popovic and a friend told you that she had suffered a miscarriage and you became very angry, documenting on your Instagram intimate details of your emotional pain and disbelief over the alleged miscarriage. This story included the whereabouts of Ms Popovic and was accessible to your 16,000 followers.
15 Further stalking occurred as follows and also underlies Charge 1: On 18 March Ms Popovic received a call from you and that evening you sent two cabs to her address. On 19 March you sent her several computer-generated messages entitled, amongst other things, Slut Hacking, Hell Is Here and Truth. You sent her father three computer-generated messages and sent another two cabs to her address. On 20 March you sent another two cabs to her address and on this date Ms Popovic went back to the Williamstown police station and told them she wanted to proceed with the matter she had reported on 4 March. She appeared shaken and upset to police at this time.
16 On 22 March Ms Popovic received a message from you asking if she was home so you could send an Uber to her with her laptop and she agreed for this. However, refused to give you her new mobile number, offering her brother's mobile instead. You refused this and instead said you would only give her the laptop if she would come and meet with you. You then suggested Ms Popovic meet a mutual friend at the Sebel Hotel in Collins Street to get her laptop and Ms Popovic agreed to that. She later received a Facebook message from a person purporting to be that friend who was going to help apparently you determine what had happened with the pregnancy.
17 Ms Popovic believed she was speaking to that friend alone, however, that friend was with you and told you about the conversation. Ms Popovic told the friend she had had a miscarriage, that you had assaulted her, owed her money and had stolen her laptop, and this made you very angry and you devised a plan to lure Ms Popovic in so you could determine what had happened with the pregnancy. Ms Popovic arranged to meet the friend in the lobby of premises in Collins Street in Docklands at about 2 pm on 23 March to collect the laptop.
18 On 23 March you booked into an Airbnb apartment at the Collins Street address. The friend Ms Popovic had been talking to was also meant to attend but did not do so on your request. You were seen at 1 pm on CCTV footage meeting with the host of the apartment you had rented. At approximately 2.51 pm you were seen attending the premises and Ms Popovic was seen arriving at the Collins Street address, parking her car and entering. She arrived at the car and messaged the friend to say she was there and got a message from you who at that time was purporting to be the friend.
19 You told her to meet the friend in the lobby, then told her to come up to Room 902, which is the Airbnb you were renting. Ms Popovic said she was too scared to come up in case you were present, you again pretending to be the friend said you were not so Ms Popovic caught the elevator to Level 9. Ms Popovic approached the room, yelling out hello, and you jumped out and grabbed her right hand, telling her to 'get in here' and dragged her into the room. You had placed a large kitchen knife on display intending to put Ms Popovic in fear and you swore and screamed at her.
20 You dragged her to the bedroom, told her to sit in the corner and said things to her such as, 'You killed my baby and you will pay'. You told her you were not going to kill her, but she should pull her shit together and stop crying and waved the knife in a threatening manner. You snatched Ms Popovic’s keys and mobile phone from her hand, demanded to know about the pregnancy, scrolled through her phone, became agitated, grabbed her by the hair, dragged her to the ground, slamming her head into the carpet, and then demanded she sit back down. She was placed in fear that you were going to assault her and was fearful that the knife would be used and these actions underlie Charge 5 on the indictment, common assault.
21 You then kept scrolling through her phone and demanded that Ms Popovic transfer you $5,000 immediately as compensation for money you had spent on flights and accommodation to Sydney when the two of you travelled there during your relationship and told her she was not going to get her laptop back. These actions also underlie part of Charge 2, theft.
22 Ms Popovic saw that you had been smoking ice. She tried to calm you down, so said that the two of you had a lot to talk about, that she wanted to smoke ice with you and tried to organise the situation where the two of you left the apartment together, but you told her to stay where she was. You left the apartment with a knife. You went to Ms Popovic’s car and grabbed her handbag and alcohol, and bought cigarettes and aluminium foil and returned to the building.
23 When you got back Ms Popovic was sitting on the couch crying. Then she smoked ice with you and then you talked to her about why you deserved the $5,000. She tried to enable this, but the transaction would not process and she could only send amounts of $3,000 in three payments of $1,000, and she did this transferring $3,000 to you in this manner. Those actions underlie Charge 4 on the indictment, robbery. You agreed to wait for the rest of the money for the following week.
24 While she was in the room Ms Popovic’s mother called many times. And, ultimately, you and Ms Popovic engaged in consensual intercourse in the apartment, Ms Popovic believing that if she slept with you you would let her go. Eventually Ms Popovic wanted to leave and the two of you both left the building at about 7 pm.
25 On 24 March Ms Popovic went to a friend's house and told him about the incident, the friend advising Ms Popovic to report this to police which she did, making a further statement. Whilst doing this she received a call from an Uber driver who was waiting for her outside her home. Again it would appear this had been sent by you. You then sent Ms Popovic many messages via Facebook Messenger, including a message that nobody took your money and you sent it to yourself.
26 You also sent a message to the friend who advised Ms Popovic to go to police, telling that friend you had been raided twice for firearms and asking if he wanted to be 'messing with that kind of bad guy' and you fashioned your index and middle finger towards the camera, cocking your thumb to gesture a firearm. At this stage police viewed the video with Ms Popovic and saw she was very distressed.
27 On 25 March 2020 at 5 am Ms Popovic was woken by the loud sound of a horn beeping, but when she checked saw no one outside. On turning on her phone she saw she had received many Facebook messages and calls from you, including an image of her car that was parked out the front. These acts are also part of stalking, which is Charge 1 on the indictment, and relates to stalking offences between 23 and 25 March 2020. Ms Popovic then attended the Melbourne West police station and gave a statement to Senior Constable Cyret and during this time you sent several abusive messages, including a GPS map of Ms Popovic’s home address.
28 On 26 March 2020 you were arrested by police at an Airbnb property that you had been renting between 18 and 25 March 2020. Police seized a gold Samsung mobile phone registered to a mobile phone number which was connected in the name of Isabelle Popovic. At 1.30 pm police executed a search warrant at the Airbnb where you were staying and there located a mobile phone registered to another person whose Victorian driver's licence was located at the address. Your possession of these items relates to Charge 18, retention of stolen goods.
29 Charge 2, theft, relates to Ms Popovic’s laptop which was located at your premises.
30 A visa card in the name of another person was located and this is part of Charge 15, retention of stolen goods. A driver's licence and other cards in the name of one Emma Hayes was also located and possession of which forms part of Charge 15.
31 Assorted mail with different named addresses was found in the lounge room, kitchen and bedroom and underlies Charges 10 to 14 and 16 to 17 which relate to your retention of mail taken from other addresses.
32 An open parcel directed to a Melinda Petrovich was located. That underlies Charge 7 on the indictment, retention of stolen goods.
33 Open mail addressed to one Derek Ku underlies Charge 8, the possession of stolen goods.
34 A letter and healthcare card belonging to one Edgar Laverton underlies Charge 9 on the indictment, retention of stolen goods.
35 Two plastic bags containing a small quantity of methylamphetamine were found and your possession of this underlies Charge 6, possession of a drug of dependence.
36 A plastic bag containing a small amount of cannabis was found on the dining room table and your possession of this underlies Charge 5.
37 The same day Ms Popovic received packages wrapped in Australia Post packaging addressed to her, the sender of them being unknown, and this caused her further distress and concern. The packages contained a number of sexually explicit material.
38 You were interviewed by police on 26 March 2020 and essentially denied the charges. You were then remanded in custody and have remained there since. No victim impact statement was received. A compensation order in the amount of $3,000 was sought and I have granted that compensation order.
39 The maximum penalty for stalking, a rolled-up charge, is 10 years' imprisonment. The maximum penalty for theft is 10 years' imprisonment. The maximum penalty for common law assault which was a rolled-up charge involving two incidents, is five years' imprisonment. The maximum penalty for robbery is 15 years' imprisonment. The maximum penalty of a drug of dependence, being cannabis, is five penalty units. The maximum penalty for possession of ice is five years' imprisonment. The maximum penalty for handling stolen goods is 15 years' imprisonment.
40 I now turn to your personal circumstances. You are now 40 years of age, one of four children born to your parents in the Philippines. Your parents emigrated here when you were about four. Your parents were extremely strict. Physical punishment was very much used. Your father was a preacher in a local Christian church and you were sent to a Christian school because it, in fact, engaged in corporal punishment and you were caned there many times. Your family often returned to the Philippines.
41 You were seen as rebellious and on three occasions between the age of 12 and 16 were sent to live with an uncle and aunt in the Philippines so you could appreciate how good things were in Australia. On each occasion when you were sent to your aunt and uncle, who lived in a slum village, you were introduced to the use of ice by your uncle. You were emotionally, physically and sexually abused by your aunt.
42 You completed Year 10 at the Heathdale Christian School and then went to Mill Park Secondary College, leaving school after Year 10.
43 You worked in a customer service operation for about 12 months, but for many years thereafter earned a very good living as a composer and music producer. You signed a deal with Sony. You wrote songs for other artists, including many extremely prominent Australian artists. You released your music through Sony and Roadshow. One of your songs was nominated for Aria Gold, having sold more than 35,000 copies overseas, and generally you enjoyed a superior income through your work. This was never approved of by your parents.
44 You moved to Sydney in 2007. Things started to fall apart in 2011 when you contracted with a record company in terms which meant that all moneys you received, including royalties from your various hits, went to the organisation which it then released to you. You went into dispute with that company. Ultimately you are unable under the terms of the contract to release any music that you wrote and that contract did not end until 2015. In that time you made very little money.
45 You had continued to use ice as an adult, it being noted you were first introduced to this drug by your Filipino uncle, but it had been a drug of dependence for you since your late teens and when you started earning the money to buy it.
46 In the years when your profession as a music producer fell apart you began turning to crime and this can be seen in your prior criminal history which begins in June of 2011. The first four to five charges in New South Wales relate to assaults and that relates to assaults on a previous partner with whom you were involved for a period of time. The two of you were drug users. There were, I was informed by your counsel, mutual AVOs taken out by each of you against the other. You would split up, come back together again. Eventually that relationship ended and a son was born of that relationship whom you have never met.
47 Your offending then proceeds in 2013 to driving offences, possessing prohibited drugs, and a number of charges of dishonestly obtaining financial advantage by deception and possessing an identity to commit an indictable offence. Ultimately on 4 September 2019 you were placed on an intensive corrections order for six months. There are also in that period of time up to September 2014 numerous convictions for possession essentially of stolen goods.
48 Then there goes on a series of offences of dishonestly obtaining property by deception, not paying taxis, possessing stolen goods and so forth, and ultimately on 17 November 2015 you were imprisoned for a period of 12 months with a non-parole period of five months. Ultimately you were released from prison in 2017. There was a warrant in relation to several other offences apparently committed in that time, but you knew nothing of these.
49 2017 was the year that you returned to Victoria. Prior to that you tried to revive your career, but your counsel informed me you were too entrenched in your drug use to do that. You came back to Melbourne, attempted to live with your parents, but again drug use simply got in the way and made that impossible.
50 Turning again to your prior criminal history, you were again dealt with in 2018 for contravening a family violence order. This was dismissed, but then in May of 2018 you were dealt with in the Melbourne Magistrates' Court for possessing a prohibited weapon and committing an indictable offence on bail. On 18 January 2019 you were dealt with for assault with a weapon, intentionally destroying property and this apparently involved an assault on your father, you having been forbidden to live at home. You crept into the house, were discovered in a cupboard and thereafter went on a rampage and assaulted your father and you were placed on a community correction order.
51 In May of 2019 you were dealt with for handling stolen goods and unlicensed driving and were fined. You were also dealt with whilst in custody for assault relating to a partner immediately preceding your relationship with Ms Popovic and you received a period of 165 days' imprisonment in relation to those charges. So it is very clear, Mr Cruz, that by the time you were placed in gaol in March of 2020 your life had plummeted a very long way down from the early days at the height of your success.
52 Along the way, according to a psychological report I received from psychologist Sue Goodram, which was dated June of 2022, you have been diagnosed with a bipolar disorder. In fact, that was diagnosed when you were in your teens, aged about 16, but apparently your father did not agree with this diagnosis and nothing was done about it. You have also been diagnosed also with a schizo-effective disorder. You were placed for a month in a psychiatric ward when you were in Sydney. You have attempted to commit suicide twice, the first time after you were first placed in gaol and again in 2019.
53 You were diagnosed by Ms Goodram as suffering from post-traumatic stress disorder. You have been the subject of several very unpleasant assaults and violent assaults. You were also diagnosed with a major depressive disorder and possible bipolar disorder and anxiety disorder.
54 Despite all these serious mental health issues that you have faced, gaol fortunately for you has been a positive experience. You have spent your time in gaol at Ravenhall Correctional Centre, which is one of the most progressive prisons in our system, and it appears you have used that time extremely well.
55 Whilst in gaol you have undertaken a six-hour Cannabis and Me Program, a six-hour Ice and Me Program, a six-hour Healthy Coping Program, a 12-hour Building Better Relationships Program, a 12-hour Keeping Your Cool Program, a 15-hour Check Your Thinking Program and a 27-hour Skating On Ice Program. In other words, I am satisfied you have undertaken virtually every drug rehabilitation program, as well as psychological program, offered by the prison.
56 You have been a billet from the start of your incarceration. In that time you have remained off drugs. You have rebuilt a relationship with your parents. They remain supportive of you. They attended both the hearings relating to this plea and they wrote letters of support for you which were submitted on your behalf. I also received letters from a number of friends and religious pastors who have been associated with you and your family over a period of many years. They are also offering their support on your release from custody.
57 Finally, I received a letter from an organisation called No Plan B which is a record company. It was written by the artist manager, Phillip Huang. He wrote to express the label's support and commitment to working with you once you are released. He noted your successes. Your single Party Up was certified gold by Aria. An earlier single pegged at no.18 on the Australian singles chart. And he noted that in 2007 you won the nomination for best R&B single at the Urban Music Awards for Australia and New Zealand.
58 Also to your credit is the fact that whilst in custody you began what is called the Ravenhall Recording Artist Program. You have received funding for this. Many, many prisoners have become part of this program which essentially involves making and recording music. It has received a great deal of support and you informed me on the plea that it is your hope once you are released from custody that you will be able to assist in continuing the program for the benefit of prisoners there.
59 It was conceded by your counsel that the only way I can deal with you is by way of a term of imprisonment and I agree with that. In my view, your offending was too serious and too protracted for me to deal with you, for example, by way of a combination sentence involving a community correction order and a term of imprisonment. However, I am satisfied that the way you have used your time in custody is impressive. I am satisfied that your prospects for rehabilitation have very much improved and it is to be hoped at the age of 40, Mr Cruz, that a man of your mature years, and your undoubted talent, can put this appalling period of time behind you.
60 I accept that you had a great deal of trauma in your childhood. I accept that you were placed in a very difficult position in relation to the contract you entered into in 2011. The problem is you have, if I can put it this way, clocked up a very unimpressive criminal record. After today you will have received a term of imprisonment as a response from the Melbourne County Court. This means any offending in the future is not going to be looked upon with anything other than grave disapproval by a court and that your chances of obtaining a non-custodial disposition are going to be poor.
61 It was urged upon me by your counsel that I consider placing you on a straight sentence which comprised the period of time you have already spent in custody. I made it clear at the plea hearing that I was not prepared to do that. It seems to me the minimum term I can fix for your offending is greater than - not a lot more, but greater than the time you have served. It is also my view that you should be subject to a period of parole. I accept that you are remorseful for your offending and I accept that this period of time in custody has been extremely good for you.
62 This is, however, I think the fourth time you have appeared in court in relation to violence offences arising from your relationships and I hope that you realise, listening to the prosecution summary relating to your offending, how erratic and obsessive it was and how unwell you clearly were largely, I would imagine, because of your continued drug use. You told the psychologist that you were using drugs at almost a non-stop rate, in particular ice. If you want to keep using ice, Mr Cruz, well, look it might be that, you know, you end up in gaol so much that you can set up recording artists programs in all the gaols in Victoria, but I am sure this is not what you want to do.
63 It is quite clear to me that attending to your drug use is fundamental to your continued productive existence in the community. I understand that you have done well with this in gaol, but as I said to you at the hearing there is a world of difference between giving up drugs in gaol and dealing with that once you get out. I have no doubt you will return to the music industry which is an area in which you have shown so much talent in the past. I also know that drug use is big within that industry and this is something you are going to have to navigate when you get out.
64 Taking all these matters into account, accepting that you entered a plea of guilty at a reasonably early stage, accepting your remorse and accepting the mitigatory factors, including your family's support and the efforts you have made and your rehabilitative efforts in gaol, I therefore sentence you as follows:
· on Charge 1 you are sentenced to 18 months' imprisonment;
· on Charge 2 you are sentenced to three months' imprisonment;
· on Charge 3 you are sentenced to three months' imprisonment;
· on Charge 4 you are sentenced to 14 months' imprisonment;
· on Charge 5 you are fined $100;
· on Charge 6 you are sentenced to one month's imprisonment;
· on Charges 7, 8, 9, 10, 11, 12, 13 and 14 you are sentenced to one month's imprisonment on each charge;
· you are sentenced to four months' imprisonment in relation to Charge 15;
· you are sentenced to one month's imprisonment on Charges 16, 17 and 18.
65 The base sentence will be the sentence imposed on Charge 1. I order that one month of the sentence on Charge 2, one month of the sentence imposed on Charge 3, six months of the sentence imposed on Charge 4 and one month of the sentence imposed on Charge 15 be served cumulatively with the sentence imposed on Charge 1 and all other sentences, and that should give - and that one week of the sentences imposed on Charges 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17 and 18 be served cumualtively to the sentence imposed on Charge 1 and to each other. That makes 12 weeks, which is three months.
66 Then there is the month imposed on Charge 15 four months, six months in relation to Charge 4, that is 10 months, one month of the sentence on three and one month of the sentence on two, that is 12 months, which is a total effective sentence of 30 months. I order that you serve a minimum term of 24 months before becoming eligible for parole. I declare that you have served - 653 days of the sentence has been served by way of pre-sentence detention.
67 Pursuant to s6AAA I declare that had you not pleaded guilty I would have sentenced you to a term of imprisonment of four years and order that you serve a minimum term of three years.
68 I will sign the orders. All right. Thank you. Is there anything else that I need to attend to?
69 MS ZAMMIT: I'm just confirming, Your Honour needs to make a disposal order. I know the compensation order has definitely been made.
70 HER HONOUR: There's a disposal order - - -
71 MS ZAMMIT: Just in relation to the drugs.
72 HER HONOUR: I thought I'd signed that as well. Anyway, look, I will make that disposal order as well.
73 MS ZAMMIT: Thank you.
74 HER HONOUR: So good luck, Mr Cruz. You'll be out before very long at all and I hope it all goes extremely well for you. All right. Thank you. Yes, thank you. We will adjourn to 9.30 tomorrow morning. Thank you very much.
75 ACCUSED: Thank you, Your Honour.
76 HER HONOUR: Thank you. Thanks, Mr Cruz. I thank counsel for their assistance in this matter. Thank you.
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