No bail for gun-dealing, drug-trafficking accused
A DAD of seven accused of dealing in drugs and guns will stay in jail after his bail application was refused by an Ipswich court.
Micheal Constantinos Giallourakis, 36, from Ripley, wanted conditional freedom so he could return to work as a painter, arguing that being held in custody meant terrible financial hardship for his struggling family while he waits for his serious charges to be heard before the District Court.
Giallourakis was arrested on July 31 when police raided his property as part of an operation that targeted drug and firearm offences.
He was charged with dozens of offences ranging from one count of trafficking in dangerous drugs; one count of trafficking in weapons; five counts of unlawful possession of weapons; 91 counts of supplying dangerous drugs; two counts of possession of drug utensils/pipes; five counts of unlawful supply of weapons; possession of a restricted item (handcuffs); possession of anything used in the commission of a crime; drug driving; and driving unlicensed.
His bail application was made by Brisbane based barrister Sam Di Carlo and opposed by the Office of the Director of Public Prosecutions.
DPP senior legal officer Cecelia Bernardin told the court Giallourakis had criminal history in both NSW and Queensland, and there was a risk of re-offending.
Mr Di Carlo said Giallourakis had five children from his second marriage and two from a previous relationship. His wife had been working at a supermarket to maintain funds for child care but since his arrest her work hours had been limited and she could no longer afford child care.
"The family is in dire straits in the circumstances of him being incarcerated," Mr Di Carlo said.
"He is addicted to the dreaded drug methylamphetamine. And he was caught driving twice when his saliva was affected by dangerous drugs."
In his submission Mr Di Carlo said it was "significant" that an alleged dealer was in fact addicted to support his own habit rather than being a commercial (enterprise). He said an issue of flight if given bail "is particularly fanciful".
The defence lawyer said strict conditions could be put in place to minimise any risk.
Magistrate Virginia Sturgess said it was more the issue of his reoffending that she was concerned about, saying Giallourakis had a poor history involving drugs and weapons.
"It is being alleged he was involved in the significant supply of drugs and weapons," Ms Sturgess said.
"He received three years (jail) in 2012 for drugs and weapon offences. Another 21 months in 2014 for drug offences.
"I would suggest these (new charges) are even more serious."
Mr Di Carlo argued that he was involved in similar matters nearly every week in the Supreme Court, and that some defendants receive wholly suspended jail sentences.
Ms Sturgess said that that was just his "say-so" with no evidence of that before her.
She said police stated they found $16,000 cash and 28 grams of methylamphetamine, and last year Giallourakis supplied amounts of 3.5 grams and 7 grams to an undercover officer which was compelling evidence that he was involved in a significant business.
Mr Di Carlo disagreed, saying the allegations were a lot smaller and there were more serious cases before the courts.
"These offences are serious. Maybe not as serious as ones you've defended with Mr Di Carlo but still serious," Ms Sturgess said.
"I don't suggest it's not serious. I merely say it is not the most serious," Mr Di Carlo said.
In his submission Mr Di Carlo argued that a night curfew could be imposed to allow Giallourakis to continue to work as a painter and support his children, and submit to urine tests.
"His family is suffering significantly. He is the main bread winner," he said.
Ms Sturgess said Giallourakis was in a show-cause situation and the prosecution case did appear strong.
She noted his criminal history and the jail terms imposed.
She refused bail. His matters were adjourned to October 17.