A COURT has been told prosecutors have put an offer to at least one of three men accused of being involved in a drug manufacture and firearms ring.
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Warren Barry Ayre and Robbin John King remain in custody after their 2016 arrests as part of Strike Force Burrell – a massive and secret police operation led by Oxley police to target drug supply.
Ayre appeared in Tamworth District Court via video link from prison where public defender Stuart Bouveng said “our offer” had been provisionally accepted.
“There’s been some further negotiations,” he said.
He said he had received an email just minutes before the start of court with the development from the prosecutor, but there was still a way to go before his client could formally enter pleas at an arraignment.
“The facts are going to take a little bit of time,” he said.
The facts are going to take a little bit of time.
- Public defender Stuart Bouveng
Mr Bouveng said he hoped to sit down with Ayre – who was committed for trial in September 2017 on six gun and manufacturing drug-related charges, including supplying pistol parts – in prison to finalise the case.
He said he was “anxious to deal with it” and said a two week adjournment would ensure the matter keeps moving.
“I'd like to keep the pressure on the Crown,” he said.
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Judge Jeffery McLennan, who has previously expressed his dissatisfaction with the hold-ups in the case and the delivery of extensive transcripts in the large brief, agreed to the adjournment request.
“[Mr Bouveng] has indicated certain things regarding the process of your matter,” he told Ayre.
“He’s indicated negotiations on your behalf … which could progress the matter.”
Co-accused King, who remained in the police cells and did not appear in court, was also granted an adjournment after developments in negotiations.
“Things changed quite quickly,” barrister Stephen Ryan told the court, adding he had received a phone call 10 minutes before the start of court,
He said he was told “there were good prospects for Mr Ayre’s” case and a “same or similar offer was open to Mr King”.
“I have instructions from Mr King to put another offer to the DPP."
He asked for an even lengthier adjournment "to formalise another offer, discuss facts and have Mr King arraigned on that occasion”.
I have instructions from Mr King to put another offer to the DPP.
- Barrister Stephen Ryan
A third co-accused, Shane Alan Kember, appeared via video link with his solicitor from Wollongong, where he lives.
Kel Clowry said he had been informed of some of the developments.
“We also had discussions with the DPP but unfortunately they were not accepted by the director,” he told the court, pointing again to the extensive brief of evidence.
“We received some material on Monday.
“We've been drip fed transcripts as they're being typed up.”
The court was told Kember is facing 17 charges and “there is no transcripts to be served in relation to counts to 10 through to 17", DPP solicitor Geoffrey Kidd said.
We've been drip fed transcripts as they're being typed up.
- Solicitor Kel Clowry
“They're summary charges and arose out of a search warrant during the arrest of my client,” Mr Clowry said.
The court heard all but two transcripts for the brief had been served but the earliest trial date was August 2019 in Tamworth.
Mr Clowry said “due to the amount of telephone transcripts”, he estimated any trial would take two weeks but wants to have it moved to Wollongong where “all bar one of the offences occurred”.
Judge McLennan adjourned the case and continued Kember’s bail.