A man accused of hiding high-purity heroin in public places, including next to a childcare centre, and repeatedly dealing the drug to an undercover police officer has been granted bail.
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Van Dam Hoang, 47, was remanded in custody earlier this month after pleading not guilty to five charges of trafficking heroin between January 20 and March 1.
Police allege that the Vietnamese man is "an upper-level supplier of heroin" in the ACT. They said earlier this month that Hoang's arrest and the seizure of about 150 grams of heroin during a subsequent raid stopped roughly 1400 hits of the drug reaching the streets.
Police documents tendered to the ACT Magistrates Court detail five alleged drug deals in which Hawker resident Hoang is said to have sold a combined five ounces of heroin to an undercover officer in suburban Belconnen, in exchange for a total of $43,500.
Hoang is accused of hiding heroin by burying it in public places, including next to the Southern Cross Early Childhood School in Scullin, before digging the drugs up and selling them to the undercover officer.
All five alleged drug deals were captured by video and audio surveillance, and laboratory testing of the heroin indicated high purity levels, according to court documents.
After initially being remanded in custody, Hoang had not been due back in court until next month, but last week he launched a new bid to be released on bail.
Special Magistrate Margaret Hunter heard submissions from prosecutors and Hoang's defence counsel on that occasion, and adjourned the matter until Wednesday to consider her decision.
Ms Hunter said on Wednesday that prosecutors, in opposing bail, had told the court Hoang was motivated by financial gain and acted not out of addiction, but pure greed in the course of his alleged offending.
She said prosecutors had argued that Hoang, who spent time in jail in 2016 for heroin trafficking, had not learned from that sentence and had instead adopted a methodology "more subtle and more evasive" before his latest arrest.
There were also concerns that Hoang would flee the ACT because he was likely to face a significant jail sentence if found guilty of the new charges, and that he would commit offences if granted bail. The court heard Hoang's family had "significant ties to the drug trade".
Ms Hunter said Hoang's defence counsel had argued that the 47-year-old should be granted bail for reasons including that the man had complied with conditions for more than a year while facing previous charges.
Hoang was also entitled to the presumption of innocence on the new charges, had no convictions for failing to appear in court and enjoyed significant ties to the ACT, where he worked and lived with his partner and child.
Ms Hunter said she believed it was appropriate to grant bail with several strict conditions.
She said Hoang would be released once an appropriate person posted a $50,000 cash surety. She also ordered Hoang to sign an agreement stating he would personally forfeit $25,000 if he failed to attend future court dates.
Ms Hunter banned Hoang from leaving the ACT or approaching any international point of departure. She directed him to surrender his passport, report to police daily, live at an address in Hawker and observe a curfew.
The decision to grant bail prompted Hoang to ask, through a Vietnamese interpreter, if he could hug the magistrate because he felt "so happy". Ms Hunter turned down the request.
Hoang is expected back in court on April 14.