An alleged cocaine dealer has been granted bail despite police accusing him of being involved in the joint kidnapping of a man who was producing fake Covid-19 vaccination certificates.
Anthony Estephan, 23, was one of seven men charged in relation to the kidnapping of a 24-year-old at Merrylands in Sydney’s west on September 18.
Police said the man, who was allegedly involved in making fake vaccination certificates, was assaulted by five men, forced into a van and taken to a warehouse in Auburn where he was allegedly bashed, stabbed and extorted over several hours.
Mr Estephan was charged with take or detain in company, possess prohibited and supply prohibited drug.
Following his arrest on December 30, Mr Estephan went for bail in the NSW Supreme Court on Monday.
The court was told that one of Mr Estephan’s kidnapping co-accused, Joshua Patrick McCalla, 20, had been granted Supreme Court bail last week, while their fellow co-accuseds, Ahmad and Bilal El-Chamy, Tareek and Haissam Hamzy and Ibrahem Hamze, remain remanded in custody.
None of the group have entered pleas; however, Mr Estephan’s defence barrister Sue Kluss told the court that the crown case against her client put him in a less serious position than Mr McCalla.
Ms Kluss said in conversations police allegedly monitored between Mr McCalla and Mr Estephan after their arrest, Mr McCalla said “you didn’t do much”.
During the conversation, the court was told that Mr Estephan allegedly said “they can’t prove we were there bashing”.
A full brief of evidence had not been prepared by police and Mr Estephan was being treated harshly in jail, Ms Kluss told the court.
“He’s in some sort of quarantine,” she said.
“He’s basically been in one-off isolation for nearly two months. It’s even limited the amount of sunshine.”
The court was told that police claims Mr Estephan was on Rickard St when the kidnapping took place were not accurate because the descriptions of his appearance in CCTV footage were inconsistent.
The crown prosecutor said there was a strong case against Mr Estephan, with video showing the alleged abduction.
Ms Kluss said she understood further accused were to be charged and there was limited information provided by police about the cocaine possession and supply charges.
While Mr Estephan had allegedly been found with white powder, the court was told that no testing to see what it was had been conducted and his barrister said “my client does accept he does use some powders in association with his gym work”.
The court was told that CCTV footage put Mr Estephan at the Auburn location around the time the alleged kidnap victim was detained, and he was caught discussing the incident afterwards while in custody.
“They can’t prove we were bashing,” he was allegedly recorded saying to Mr McCalla in a joint cell.
Justice Natalie Adams said she believed it was a “relatively strong prosecution case”, but Mr Estephan’s involvement was “difficult to assess”.
She said Mr Estephan had no criminal convictions, had never been in custody before and had strong community ties with his supportive family and friends.
While there were concerns for the safety of the victim, Justice Adams said the 23-year-old’s involvement in the “brazen act committed in pure daylight” was allegedly less than his co-accused.
“He dropped off a parcel which lured the victim to the abduction. He may have been present in a different vehicle and left two hours before he was released,” Justice Adams said.
Mr Estephan was granted bail on the conditions he is of good behaviour, must live at Pheasants Nest with his parents and report to Picton Police Station every day between 8am and 5pm.
He is not to drink alcohol or do drugs, must only leave home in the company of his parents, is not to associate with the co-accused or any witnesses, must surrender his passport to Picton Local Court and must only hxjmtzywave one phone.
A trustee has also put up $70,000 in surety and all conditions will be enforced by police.
“I am convinced the applicant’s time in custody is a wake-up call to his behaviour and the company he keeps,” Justice Adams said.
She told the 23-year-old: “The DPP and police were concerned if you were released you would associate with these people and breach bail, but I made the view that you don’t want to.
“Police will be watching you pretty closely.”
Mr Estephan will reappear in court in April.
