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Documents demonstrate that the accused drug dealer did not have enough access to a counsel.
According to transcripts, accused drug dealer Mostafa Baluch was granted bail after a court determined he was not receiving adequate access to his lawyer and materials necessary to defend himself in jail.
"It is clear from that information that he faces numerous challenges in terms of access to his counsel and prosecution materials, as well as in preparing his own defense case or cross-referencing material," Magistrate Michael Crompton told Sydney's Central Local Court on October 21.
Baluch ripped off his electronic monitoring bracelet at Bayview on Sydney's Northern Beaches four days after being freed on bail – with a $4 million Newport property as surety – and vanished on October 25.
Baluch was a significant flight risk, the prosecution maintained, since he possessed "a massive amount of wealth" and there was a "strong, if not overwhelming," case against him that he was a "senior" actor in a conspiracy that conspired to import 900 kilograms of cocaine into NSW.
"The loss of the assurance offered by the accused would not discourage him from fleeing to escape a lengthy period of jail, particularly in situations where the accused and the syndicate to which he belongs have access to substantial assets to pay for any loss."
Additionally, the prosecution informed the court that the 33-year-old might request that his legal team place the brief of evidence on a laptop for him to peruse while incarcerated.
Magistrate Crompton admitted the allegations were severe but determined that nine strict restrictions, including that he live with his parents in Bayview, attend to the Mona Vale police station daily, and wear a tracking device, would alleviate flight risk concerns.
"The key issue is how any concerns can be addressed and the risk managed, and in this case, a variety of stringent conditions have been recommended to address bail concerns, including a hefty security deposit and electronic monitoring via an ankle device," he said.
"I am convinced that the introduction of requirements will adequately address the concerns."
Attorney General Mark Speakman stated on Monday that the case showed the importance of electronic monitoring to alleviate bail worries.
"This example demonstrates an issue with electronic monitoring in the context of a bail application in which the accused faces a severe flight risk," he testified during a parliamentary hearing.
"Once the gadget was cut, an alarm was activated, and the police attempted to swoop on his house, but they were too late," he explained.
"The police moved as swiftly as possible, as swiftly as they would if it were publicly monitored, instead of privately monitored."
The NSW Police's Organized Crime Squad is leading the nationwide manhunt, and police think Baluch remains in the country despite his best efforts to flee.