The older brother of a set of twins accused of running a sophisticated drug syndicate that was documented selling its wares across the Illawarra has narrowly avoided time behind bars after revealing his own drug use, plus a crippling gambling addiction, motivated his actions.
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Daniel Westman was sentenced to a three-year intensive corrections order in Wollongong Local Court on Friday, having earlier pleaded guilty to three drug supply charges.
Two charges - participating in a criminal group and dealing with proceeds of crime - were taken into account on his sentencing.
As part of the order, Westman will also be required to perform 200 hours of unpaid community service work, must abstain from taking drugs and undertake any treatment recommended to him by Community Corrections staff.
Police will allege Westman's younger brothers, Joel and Flinn Westman, are the principal players in a "well-organised, criminal syndicate responsible for the supply of mid to large level quantities of cocaine and MDMA (ecstasy)".
The siblings, who are the sons of prominent Illawarra domestic violence campaigner Janine McEvoy, were arrested in August 2019 after tactical police carried out a series of sweeping, joint raids throughout the Illawarra under the umbrella of Strike Force Yuppara.
It is alleged the 21-year-old twins operated the burgeoning party drug operation from the Coniston home.
Police will allege the twins obtained large quantities of drug which they on-supplied to customers as well as other syndicate members, including their older brother.
A set of agreed facts tendered to the court said police used a variety of surveillance techniques including a bug inside the twins' Wonson Avenue home, along with undercover moles, to infiltrate the group and gather evidence of criminal behaviour.
The facts said Westman was recorded during the investigation period sourcing drugs from his brothers.
When officers raided Westman's home on August 16, they located 46.5 grams of cocaine, both in powder and compressed powder form, 41.7 grams of MDMA (compressed powder) and 102.5 grams worth of MDMA tablets. They also discovered $6,500 in Australian currency in his room.
Westman was remanded in custody along with his brothers but granted strict conditional bail in court the following day.
On Friday, defence barrister Michael Ainsworth told the court Westman had had a dysfunctional upbringing marred by witnessing domestic violence perpetrated on his mother by a violent, alcoholic, drug-addicted father, who eventually died from liver failure.
He said Westman's driving force behind his illegal activities had been to fund his addiction to gambling and his own drug use - with cocaine being his poison of choice.
"He would gamble on whatever was on the screen...engaging in this behaviour with every dollar he had," Mr Ainsworth said.
However, he noted Westman had always maintained employment and was currently working as a labourer for a fencing company.
In agreeing to spare Westman a full-time jail sentence, Magistrate Claire Girotto acknowledged he had appreciated the seriousness of his actions when speaking to the writer of his background report and had been rated a low risk of reoffending.
Meanwhile, Flinn and Joel Westman, who are facing far more serious charges, are yet to enter any pleas. Their cases remain before Wollongong Local Court.
