Phillip Portea, 41, of Tatura successfully applied for bail in the Shepparton Magistrates’ Court.
He is charged with burglary, theft of a firearm, possessing two or more firearms without authorisation, possessing a firearm as a prohibited person, theft, possessing cartridge ammunition without a licence, theft of a motor vehicle, failing to stop a vehicle on police direction, four charges of driving while disqualified, committing an indictable offence while on bail and making a false report to police.
Police informant Detective Senior Constable Luke Arrowsmith told the court Mr Portea allegedly stole four guns, ammunition, cash, jewellery and a CCTV hard drive from the home of a person he knew early on October 19 last year.
Police allege Mr Portea switched off power to the Shepparton house, before climbing over a fridge, through a window and smashing a laundry door to gain entry.
His palm prints have been found on the fridge, as well as DNA identified as his on a jemmy bar that was left in the bedroom, Det Sen Constable Arrowsmith said.
The DNA of two other people was also on the jemmy bar.
Mr Portea was arrested for the theft of firearms and burglary on October 28 in Cobram and while he was being driven to Shepparton by police officers he allegedly told police the location of the four stolen guns, Det Sen Constable Arrowsmith said.
The conversation was caught on a “micro-recorder” that was activated by Det Sen Constable Arrowsmith.
The officer said Mr Portea led police to a spot in bushland off Reedy Swamp Rd in Shepparton and pointed to where he said two of the guns were hidden.
The court heard they were not there, but investigators later found out the two guns had been discovered by members of the public on October 19 and had been collected by police.
Det Sen Constable Arrowsmith said Mr Portea also told police that the two other guns were at a house in Numurkah, but they have not been found.
Det Sen Constable Arrowsmith also spoke of how Mr Portea had continually breached a community corrections order he was sentenced to in February 2020, including 23 absences from meetings of drug treatments.
Mr Portea’s solicitor Brett Barratt said the prosecution case was a circumstantial one.
He said there were “legitimate reasons” Mr Portea’s palm print could be on the fridge and said there was some doubt in relation to the jemmy bar as there was DNA of three contributors on it.
Mr Barratt also said it was “highly likely” there would be a challenge to the admissibility of the conversation recorded on the micro-recorder.
He also said there would be big delays in the case going to trial.
Magistrate David Faram granted the application for bail, taking into account the likelihood of a lengthy delay for the matter to go to trial.
Under the bail conditions, Mr Portea is required to report to Shepparton Police Station three times a week, comply with a curfew and not drive a vehicle or use drugs.
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