A MAN accused of tossing bags of the drug ice out of a Tamworth apartment window has been released from custody to go to rehab.
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Tamworth Local Court heard Angelo Zepidis, 34, had been granted bail - just weeks after it was refused in Tamworth - by the NSW Supreme Court.
According to court documents, a NSW Supreme Court judge released the 34-year-old to complete residential rehab program while his drug supply case continues.
A Sydney solicitor - who appeared via video link - asked for her client to be excused.
"Your client's on rehab bail," Ms Soars said, examining the papers.
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Zepidis is accused of supplying prohibited drugs and dealing with the suspected proceeds of crime, but has not been required to enter pleas.
The Leader revealed Zepidis' charges in December, last year after he was arrested at the Quest apartments off Armidale Road.
Director of Public Prosecutions (DPP) solicitor Andrew Passlow said the case was not ready to proceed because the charges had not yet been certified.
"The matter is in chambers to be considered," he told the court.
Ms Soars asked for an explanation, and said "we've got a few matters" and there were continual delays from the DPP.
"We seem to be lagging," she told the court, pointing to matters that were past the six-month practice note time frame, and questioned whether the DPP was aware.
"It has gone up, it is proceeding," Mr Passlow said.
"I can assure you my manager is aware [of the delays]."
Ms Soars agreed to one last extension, taking it past the six-month mark, but warned it must be ready to go on the next date.
"Bail to continue," she said.
As part of his bail, Zepidis is banned from drinking alcohol or entering any location where alcohol is sold; must not take drugs; must not contact witnesses; must report to police each day; stay out of trouble; complete his rehabilitation; and if he fails the program or is asked to leave, he must surrender to police immediately.
The Tamworth court was told last month - during a failed bail bid by Zepidis - there was eyewitness evidence from police that they saw Zepidis throwing the bags, which were then revealed to contain more than 42g of illegal drugs. More than $4000 in cash was also allegedly discovered.
The defence has previously labelled the case as weak and said it would have been "almost near impossible" for the police to have seen Zepidis disposing of the bags in the 3am darkness.
The prosecution had previously argued on two occasions for Zepidis' bail to be refused, citing alleged non-compliance with court orders, and that he was on parole at the time of his December arrest.
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