Lawyers for an alleged bikie accused of taking part in a $1.2 million cocaine supply ring on the South Coast claim police have no evidence proving their client is a member of an outlaw motorcycle gang.
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Matthew Douet was arrested in September last year when police carried out sweeping raids across Australia after revealing the encrypted ANOM app, often used by organised crime, was being covertly run by the FBI and Australia Federal Police.
Police will allege Douet was the Comanchero's south coast chapter secretary and used the ANOM app to communicate with fellow alleged bikie Emmanuel Vamvoukakis, as the pair allegedly worked together to strengthen the club's presence on the south coast and protect its drug-running territory.
It is alleged Douet purchased no less than 180 ounces, equating to 5.10 kilograms, of cocaine on at least 31 occasion from Vamvoukakis. Police allege the deals took place between March 2020 and June 2021, and totalled more than $1.2 million.
However, in Wollongong Local Court last week, defence barrister Ertunc Ozen SC said there was nothing in the prosecution's brief of evidence to support the allegation that Douet was a bikie.
"There's no indication there's any club paraphernalia [found in his home]," Mr Ozen said. "There's nothing in the brief to support the proposition this man is a member of an OMCG."
Mr Ozen applied for bail on his client's behalf, saying Douet had secured a position at a live-in drug rehabilitation centre in Port Stephens.
He described the facility as "quasi-custody", saying Douet would be subject to strict supervision during his stay.
However, prosecutor Samantha Knox said there was no evidence before the court that Douet had a drug problem that needed fixing.
"There's no evidence he has a substance abuse problem," she said.
"There is evidence he's a successful small businessman in terms of his drug business and legitimate business."
Ms Knox noted Douet had a history of violence on his record and was placed on an intensive correction order for an unrelated offence just four days before this alleged offending began.
Magistrate Claire Girotto refused to grant bail, citing the seriousness of the case against Douet and noting the drug supply charges carried a maximum penalty of life behind bars.
"It's not a weak prosecution case on the facts before me," she said.
She also appeared dubious about Douet's drug rehab claim, saying there was "no evidence whatsoever there's any drug issue in this matter".
The case will return to court on March 2.
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