A Mount Pleasant man charged with trafficking a commercial quantity of methamphetamine has been released on bail after a long delay was identified in his case.
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Mark Phillip McKay, 45, is facing up to a three year wait for his drug trafficking case to be trialed in the County Court, according to his defence counsel.
A police analysis of the quantity and purity of the drugs allegedly seized from McKay last year have not yet been provided to the prosecution or defence.
Adding to this delay, the Magistrates' Court is not holding committal hearings due to its adjustments to operations in response to COVID-19.
McKay, a father of seven children, has been in custody for nine months.
His lawyer, Rob Melasecca, told the online Ballarat Magistrates' Court on Thursday the case was unable to resolve without all of the evidence.
"We are a long, long way away from a total picture. We have had some DNA and some items but there are some items that remain unanswered," Mr Melasecca said.
"Here we are, May, June, July with no prospect of having a complete picture. That compete picture will be essential.
"Mr McKay ought not to wait three years (to be trialed)."
Magistrate Noreen Toohey agreed there could be a two to three year wait for McKay to be trialed.
She said the court was no where near to holding committal hearings and when they eventually started, sex cases would be given priority as they have in the past.
"This (case) may not possibly get on for two to three years. I have not changed my mind about the seriousness of the offending and the strength of the prosecution case," Ms Toohey said.
"There is now a very real delay."
McKay previously applied to be released on bail at the Ballarat Magistrates' Court in May but it was refused.
Thursday's bail application was based on new facts and circumstances relating to the delay in the case. The prosecution opposed bail and maintained McKay was an unacceptable risk.
The court was previously told McKay was arrested on November 18 and charged with trafficking a commercial quantity of methamphetamine and trafficking firearms.
Police allege McKay sold thousands of dollars worth of methamphetamine to undercover officers in August and September, 2019.
He has been allegedly linked to a number of items, including firearms, ammunition and drugs, which investigators located at a Haddon address after executing a search warrant.
The search allegedly uncovered other property suspected to be the proceeds of crime, including $100,000 worth of cigarettes stolen from a supermarket.
McKay was arrested at his Mount Pleasant home in his lounge room. Police allegedly seized $8000 cash, an extendable baton and snap lock bags containing methamphetamine.
Mr Melasecca said McKay was morbidly obese and an asthmatic which put him in a high-risk category of COVID-19. He said McKay had secured accommodation at a rehabilitation facility and his brother would provide a $150,000 surety.
In granting bail, the magistrate said bail conditions would mitigate the risks. McKay's bail conditions include to live at the rehabilitation facility, provide $150,000 surety and surrender his passport.
Trafficking a commercial quantity of methamphetamine carries a maximum penalty of 25 years' imprisonment.
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