But his prospects for acquittal took a sudden, unexpected nosedive when his younger brother was called to give evidence in his defence.

Police searched 26-year-old Rubino’s residence in June, finding a small amount of cannabis and steroids, and a hydroponic set-up with seven cannabis plants hidden under the house.

The home was lived in and visited by numerous people, and the only real evidence identifying Rubino as the cultivator of the drugs was the discovery of his wallet a metre from the hydroponic gear.

Rubino admitted to possessing cannabis but denied cultivating the plants, saying he had lost his wallet three weeks ago.

Police, under cross-examination by defence lawyer Dean Rutherford, admitted there was no evidence of him feeding or looking after the plants, and no witnesses who had seen him go under the house.

There was no lock preventing access to the hydroponic set-up and there was little to narrow down any link between Rubino and the cultivation of the plants, the court heard.

Midway through the prosecution’s case, magistrate Bernadette Boss said she was at a loss to see where the evidence was going.

She said she might have difficulty finding beyond reasonable doubt that Rubino was the grower of the plants.

But that changed when the defence called Rubino’s 15-year-old brother to give evidence to explain the discovery of the wallet near the cannabis plants. The teenager told the court that he threw the wallet under the house to play a prank on Rubino.

Then, under cross-examination by prosecutor Paul Sweeney, he began to make some damning admissions about his older brother’s activities.

Mr Sweeney quizzed him on whether he wanted to protect his brother and put to him that he did not want to see Rubino get in trouble — propositions he agreed with.

He then asked him directly whether his brother grew cannabis.

The teenager said he did.

Mr Sweeney then asked whether he grew cannabis under the house.

The teenager again said that, yes, he thought he did.

Dr Boss re-questioned him to confirm that evidence and, once that was finished, Rubino’s lawyer admitted there was no point in him making further submissions on behalf of his client.

Dr Boss then found the offence proved, ‘‘given the evidence I’ve just heard’’. Rubino was convicted of possessing cannabis and of cultivating cannabis.

Dr Boss cleared Rubino of two charges – one of possessing steroids and one of possessing the opioid OxyContin – without the court having to hear any evidence on his behalf. He has already spent two months in jail, and was sentenced to time served.

He was fined $50 for the possession charge.