Juan Sampson to front hearing on Tamworth property charges

Juan Sampson remained behind bars while his case progressed through the system to the district court, but now he has to wait for a local court hearing after a serious charge was dropped.

Magistrate Julie Soars said it was "not acceptable" the 20-year-old Aboriginal man found himself in that situation after he was arrested back in July, last year.

She said the problem with the process of the Director of Public Prosecutions (DPP) was that it had taken seven or eight months to drop a charge and return the case to the busy Tamworth Local Court list.

She said it meant someone in custody had ended up being "prejudiced".

"I couldn't agree more," police prosecutor Sergeant Rebecca Skivington said.

The DPP withdrew the charge of attempted aggravated break-and-enter last week, and Sampson pleaded not guilty to the remaining charges, including aggravated break-and-enter in company with the intent to steal.

It can carry up to 20 years in jail, if convicted.

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Aboriginal Legal Service defence solicitor Sam Emery told the court this week there may be an identification issue and CCTV footage would be reviewed as part of the hearing.

"What's it going to turn on, that footage?" Ms Soars asked.

"Yes, Your Honour," Mr Emery replied.

She set the hearing down within three weeks, in early April, which she said was a "very early hearing date".

"I'm bringing it to a head," she said.

"He's already spent substantial time in custody."

Sampson appeared by video link from custody, with his mother in the courtroom to support him, when Mr Emery made a bail application.

Mr Emery said he could live away from Tamworth with family; report to police three days-per-week; not associate with co-accused or witnesses; stick to an overnight curfew; and stay off drugs and alcohol.

"He has been prejudiced by the delay ... I won't dwell on that," Mr Emery said.

Sergeant Skivington opposed Sampson's release, and said she was concerned about community safety, as well as the risk of Sampson committing further offences or failing to appear at court.

Ms Soars refused bail.

"The difficulty with Mr Sampson is his record, which includes warrants and detention applications," she said.

At the hearing, Sampson will also face charges of taking and driving a car without consent; driving never licenced; driving recklessly or furiously in a speed or manner dangerous; and speeding by an estimate of more than 45km per hour.

He also faces allegations of larceny; knowingly directing the activities of a criminal group; and recruiting other to assist in carrying out a criminal activity.

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