A MAN accused of growing cannabis under hydroponic conditions near Dubbo will seek Supreme Court bail on Wednesday.
A MAN accused of growing cannabis under hydroponic conditions near Dubbo will seek Supreme Court bail on Wednesday.
Lee Simon Bourke, 34, of Dubbo, has pleaded not guilty to charges of cultivating a commercial quantity of a prohibited plant, cultivating cannabis, knowingly allowing use as drug premises, dealing with property suspected to be the proceeds of crime and dealing with property intended to be an instrument of crime.
Bourke has failed to obtain bail in Dubbo Local Court and continues to represent himself after an application for Legal Aid was denied.
“Legal assistance was refused because of my income and assets,” Bourke told Magistrate Andrew Eckhold this week.
“I have pleaded not guilty to all charges and would like to go for bail.”
The Magistrate told Bourke bail had already been refused in April. A new release application could not be heard because the Office of the Director of Public Prosecutions (DPP) had not been given notice.
A DPP prosecutor said Bourke had a bail application listed in the Supreme Court in early July.
Bourke was told he could lodge an appeal against the Legal Aid decision.
Magistrate Eckhold adjourned the charges to July 9.
Prosecution facts tendered to the court said Bourke had an extensive criminal history with 212 previous charges ranging from assault and fraud to drug supply.
The court heard Bourke was arrested after police covert evidence gathering techniques uncovered a hydroponic cannabis growing operation on a 10-hectare property at Terramungamine, 17km north-west of Dubbo.
A search of a four-bedroom house revealed 81 small cannabis seedlings growing in terrarium enhanced by artificial light and heat.
A glass-fronted commercial refrigerator was allegedly used to dry cannabis.
Police found 197 cannabis plants, ranging from 5cm to 100cm in height, growing in pots in cattle yards.
A large generator valued at $28,000 was located between the cattle yards and a machinery shed.
Police said the generator had been hired from a company on July 23, 2011 and never returned.
Long extension power leads linked the generator to the machinery shed.
When police forced entry they found two large indoor rooms constructed from plywood panels and sheets of metal.
The rooms were covered in black plastic.
One room contained 46 pots and 25 cannabis plants under hydroponic lights.
The second room had eight hydroponic lights attached to the roof. There was evidence of water and soil marks on a shelf.
Police located cannabis leaf trimmings, a pair of orange handled scissors, cigarette butts and two fold-out chairs.
Prosecution facts said forensic testing of the cigarette butts, scissors and extension cord plug matched a DNA profile.
A total of 303 cannabis plants were seized.
The owner of the property told police he did not know anything about the cannabis cultivation.
The owner said he believed his cousin and a friend were growing hydroponic vegetables in the shed.
Man seeks bail in Supreme Court
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