A man has been refused bail after DNA allegedly linked him to a break-and-enter at a pub in the state's north.
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Adrian Gallegos, was also charged with being in possession of knuckle dusters and a gun when police executed a search warrant at a property in Collarenebri where he was alleged to have been staying.
The 54-year-old pleaded not-guilty to five charges in Dubbo Local Court last Wednesday including; aggravated break and enter in company with the intention to steal less than $60k, armed with intent to commit an indictable offence, face blackened and disguised with intent to commit an indictable offence and two counts of using prohibited weapon contrary to a prohibition order.
According to court documents, Gallegos was arrested over the alleged break-and-enter of the Tattersalls Hotel-Motel at Collarenebri sometime between midnight and 5am on March 19 this year.
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Court documents allege Gallegos had his face disguised and was armed with a crowbar, when he and another two people attempted to steal an automated teller machine cash cannister.
A search warrant was issued four months later in July at a property in Collarenebri, where Gallegos was believed to have been living. It's alleged here police located an item - similar to knuckle dusters and a gel blaster weapon.
Gallegos was supported by his sister in court last week when defence lawyer Joy Kirby made an application for his bail.
Ms Kirby told the court her client had been arrested for the alleged break and enter in March, and remained on bail without a breach for four months until a search warrant was executed at a property of a person he was staying with in Collarenebri in July this year.
She argued it was a weak prosecution case in that he's only stayed occasionally at the residence and he was not present in Collarenebri at the time of the search warrant.
"He instructs me the person who owns the [gel blaster] has provided evidence to police they are the owner of that item," she told the court.
Ms Kirby argued the other item, which police said were wooden knuckle dusters, were in fact a fish scaler made out of a bread board.
"He certainly doesn't deny ownership, but it is not in the category of knuckle dusters ... but there are various culinary preparation items that have finger holes in them."
Ms Kirby said while the crux of the prosecution's case centres around DNA found in relation to the alleged break and enter, however how strong that DNA case is will be played out at hearing.
The court heard Gallegos' criminal record was not of assistance, as there had been a number of fail to appear offences, however Ms Kirby argued more recently her client had been subject to a jail sentence served in the community which was completed without a breach.
She argued concerns to the public could be mitigated by Gallegos living in Dubbo with his sister, who she said had indicated she would be happy to drive him to the police station daily to report, and could abide by a curfew.
Ms Kirby also told the court her client was blind in his right eye and the impact of his restricted vision in custody would make him vulnerable.
However, police prosecutor sergeant Lane argued they were serious charges, and the prosecution had a string of evidence including CCTV footage, DNA and intelligence Gallegos was living at the premises where the search warrant was executed in July.
He said given the possibility of a custodial sentence, there might be disincentive for Gallegos to appear.
Magistrate Mal Macpherson said he agreed it was uncertain if the gel-blaster was classified as a military-style weapon, however said regardless it was a "seriously indictable offence".
"[the weapon] has a blast radius, as said in the facts of between eight to 12 metres which is significant," he said.
He said he was not satisfied the defence had shown causes why detention was not justified.
"This is a serious offence, it appears there's strong evidence that he was involved in the break and enter ... and in possession of equipment that can't be obtained by the public," Magistrate Macpherson said.
"Given his record a sentence of imprisonment is likely to be imposed."
Gallegos was refused bail, and defence lawyer Ms Kirby entered a plea of not-guilty to the charges.
The matter will return to court in September.