![The court heard the man was arrested after police found two bags containing the drug ice outside a second-storey unit at Tamworth's Quest apartments. Picture by Gareth Gardner The court heard the man was arrested after police found two bags containing the drug ice outside a second-storey unit at Tamworth's Quest apartments. Picture by Gareth Gardner](/images/transform/v1/crop/frm/afalkenmire/ff9b69a2-b825-4f2f-a6bd-b6ec96f71016.jpg/r0_0_5343_3491_w1200_h678_fmax.jpg)
BAGS OF the drug ice were allegedly tossed from the window of a Tamworth apartment in the early hours by a man who is now facing years behind bars.
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Angelo Zepidis, 34, made a failed bid for bail in Tamworth Local Court this week, more than four months after his arrest.
The court was told he had been accepted into a full-time residential rehabilitation facility.
"He hasn't been to rehab before and it would be beneficial for him," his defence lawyer said.
She picked apart the brief of evidence, submitting it would have been "almost near impossible" for the officer to have made certain observations in the 3am darkness, and from his position.
"There was no lighting but for the officer's torch," she told the court.
"Your Honour, it would be very difficult to see someone wearing shorts, or someone with very short hair, outreaching the window like that.
"The disposing of the drugs would have taken mere seconds."
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The court heard four police officers attended the scene, but body worn footage didn't start until after the two bags - containing about 47g of the drug ice - had been thrown out a second-storey window at Quest apartments off Armidale Road.
The defence lawyer said there was no forensic or DNA evidence that Zepidis had touched the bags, which were seized and examined.
She indicated the matter would be taken to trial in the district court, which could take more than a year to reach.
She argued that while the court would have bail concerns, strict and extensive conditions could be offered.
The solicitor from the Director of Public Prosecutions (DPP) opposed bail.
"The Crown would say there is a record of non-compliance with court orders," Shelby Van Ooran said.
"The prosecution submits that the case is strong."
The court heard Zepidis had been on parole at the time of his arrest in December, including for firearm offences.
Magistrate Julie Soars read his record, and said it indicated arrest warrants had been issued in the past, and he had previously offended while on court orders.
"He's facing a serious supply drug matter," she said.
"These are serious matters going through the DPP system."
She ultimately found Zepidis had not shown that he had cause to be released from jail.
"He accepts he's got a drug problem ... and he would like to do something about that now," she said.
"While it's admirable ... that isn't conclusive, I think, at this stage."
She said the case appeared to turn "almost entirely" on identification evidence from a police officer, and would be challenged, but at this stage, it still stood.
"I am refusing him bail," Ms Soars told the court.
She said it wasn't an overly complex matter involving intercepts, a strike force, or multiple co-accused, and that it should proceed to the next stage when it goes back to court next month.
Zepidis has not been required to enter a plea to one count of drug supply, which can carry up to 15 years in jail, if found guilty.
He also faces a charge of dealing with the proceeds of crime.
The case was adjourned.
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