A MAN who admitted to supplying cocaine and amphetamine for distribution in the Bathurst region has been put behind bars as he awaits his fate.
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Kurt Toole, 32, of Sunbright Road, Kelso, pleaded guilty in Bathurst Local Court on October 5 to two counts of supplying a prohibited drug greater than indictable and affray.
Two further supply prohibited drug greater than indictable charges, to which he has not pleaded guilty or been convicted of, will also be taken into account on sentencing, in what is known as a "Form 1" procedure.
Agreed facts submitted to the court said an associate of Toole's - whose phone and vehicle were under surveillance by police as part of Strike Force Resche - was driving a vehicle with two passengers at 3.12pm on June 8 in 2020.
The associate said to one of the passengers he needed to "get that coin off you now" because "he [Toole] is coming to meet me in 15 mins".
After the passenger paid the associate, he got the second passenger to count a bundle of cash, which came to an amount of $1520.
The associate told the second passenger there was meant to be $1820 in total, so the second passenger offered to withdraw $300 from her bank account.
"Cause if Kurt [Toole] needs the money I can just put it in your account and get it out for him tomorrow," Toole's associate said.
The pair drove to a bank where they withdrew money and added to the bundle of cash, before they returned to an address in Kelso at 3.26pm ahead of Toole's arrival at 3.30pm.
Toole arrived and spoke with the associate, who had a brief conversation before he left.
"I'll meet you ... I'll only be five bro, I just got to go f****** um, along Eleven Mile Drive," Toole said.
Toole and the associate went on to meet at a Bathurst pub at 3.53pm, where Toole supplied the associate with six grams of cocaine.
Court documents indicate Toole and the associate met in the associate's car at 3.31pm on June 12, 2020.
Toole removed a package - 224 grams of amphetamine - from inside the front of his pants and told the associate it was "old school gas" and "if they don't like that I don't know what they'll like".
Toole opened a second plastic bag and counted six grams of cocaine before he gave it to the associate, who said he would let Toole know how it went by sending a thumbs up or thumbs down in a text, as instructed by Toole.
"It [package] looks alright," Toole said.
"F****** oath it does," the associate replied.
Toole was recorded on police surveillance smelling the bag of amphetamine when he got out of the vehicle.
The associate was recorded by police speaking to a friend the following day at 3.15pm about the drugs he purchased from Toole, and said "the 'shooters' loved it and the 'smokers' said it was like smoking diesel", court papers said.
The associate told the friend the sale price for a "ball" - 3.5 grams - was $350 and an ounce - 28 grams - was $2000.
On June 19 the same year, the associate spoke with a man over the phone while in his vehicle, where it was arranged they would meet at the soccer fields. It was at this location Toole supplied the associate with 10 grams of cocaine.
The agreed upon documents said Toole was in the beer garden at a Bathurst pub with five individuals in his company at 12.20am on August 30, 2020.
CCTV footage captured Toole and his associates in a confrontation with a man wearing a black t-shirt.
Toole stood in front of another man to stop him from moving closer after he approached the group. The situation escalated when more people came toward the group, and began to push and shove.
Toole was captured on CCTV taking hold of a man by the collar. A different man tried to intervene by pulling Toole away, but Toole pushed the man off with an elbow to the face.
He took hold of the man before Toole, who was captured on video, jabbed the man in his face.
Toole then approached another large group of men who were arguing and pushing one another, and slapped one of them in the mouth.
The fight spilled onto William Street but Toole had no further involvement.
Toole was arrested by police on July 29 last year and taken to Griffith Police Station where he denied the supply of drugs.
Immediately after Toole entered pleas of guilty to the drug supply charges in Bathurst Local Court, the Director of Public Prosecutions (DPP) submitted an application for the detention of Toole.
The court heard DPP prosecutor Ms Paddison said the basis for the application was because it was "realistically inevitable" Toole would be sentenced to a term in prison.
During her submission, Ms Paddison noted Toole's criminal history - which includes an eight-year term of jail for supplying drugs at the age of 19 - and the fact he was on parole when the most recent offences took place.
"He knew they [drugs] were going into the community, and in fact, commented 'if they don't like this I don't know what they'll like'," Ms Paddison said.
"The only sentence appropriate is one of time in custody."
Toole's solicitor Mr Correy presented two cases as examples during his submission - PH v Crown and Day v Crown - that demonstrated the court's ability to deal with "similar" cases without jail time and, rather, with "compassion and mercy".
"Your honour, a full-time custodial sentence isn't inevitable. There is a high threshold for the prosecution to reach in order for a full term in custody be inevitably posed," Mr Correy said.
"It's clear Mr Toole not being arrested until July 2021 ... he ceased soon after commencing [the supply of drugs]. It was a brief lapse. Without knowing anything about the police investigation, he stopped and got a job.
"There's so much he's done right that a term in custody would threaten his rehabilitation.
"If he were arrested immediately, the detention application would have merit."
Magistrate R Rabbidge came to the conclusion that Toole would likely be ordered to serve time behind bars, so granted the DPP's detention application.
"Nothing has persuaded me to see the result of anything less," Magistrate Rabbidge said.
"It's staggering a man who has so much at stake committed these offences, and while on parole. It's tragic.
"But the court has a duty to protect its community."
After his bail was revoked, Toole returned to a teary-eyed group of family members to say goodbye moments before he was handcuffed and escorted out of the courtroom.
Toole will be in Bathurst District Court on December 13 for sentence.
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