On 15 December 2000 and 18 December 2000, [H] met with Cotter and discussed possible transactions. This was followed with further discussions concerning the purchase of amphetamine. He again met with the applicant, on 27 December 2000, and received money to enable him to obtain a phone, and on 11 January 2001, they discussed possible drug dealing.
Between 11 January and 25 January 2001 there were numerous phone-calls between [H], the applicant and Cotter.
On 25 January 2001 [H] met Stumpo pursuant to the [a]pplicant's instructions. [H] received 1016 grams of a substance containing tetrahydrocannabinol (hashish).
On 31 January 2001 [H] introduced Cotter to Patrick Austin ... Pat was an undercover police officer pretending to be [H's] drug trafficking partner. [H] and Pat paid Cotter $3,500 for the hashish purchased on 25 January. [H] met with Stumpo later that day and received 981 grams of hashish and 13.8 grams of methylamphetamine (30% pure).
On 7 February 2001 [H] met with Stumpo and received 1011.8 grams of hashish and 0.02 grams of methlamphetamine (20% pure).
On 13 February 2001 [H] and Pat met with Stumpo. Pat paid Stumpo $3,500 for the hashish received on 9 February. Pat returned the amphetamines received on 9 February (minus the amount analysed by Forensic Services) and claimed it was poor in quality. Later that day Pat and [H] met with Stumpo and received 1887.4 grams of hashish.
On 22 February 2001 [H] and Pat met with Stumpo. Pat paid Stumpo $7,000 for the hashish received on 13 February 2001 and received another 1032.1 grams of hashish. Later that day police observed the [a]pplicant handing Stumpo a rectangular package wrapped in brown paper. Later again that day Pat met with Stumpo and received 977.6 grams of hashish.
On 28 February 2001 police observed Stumpo briefly attend his brother Guiseppe Stumpo's residence. Later that day Pat met with Stumpo. Pat paid Stumpo $7,000 for the hashish received on 22 February and received another 2028.8 grams of hashish.
On 6 March 2001 [H] received a phone call from the [a]pplicant. They arranged to meet on Hardware Lane. [H] went there and met with Mark Smith ... Smith and the [a]pplicant were friends. They went to the City Baths. Smith said they would meet the [a]pplicant there. They met another person unknown to [H] there. Smith patted [H] on the back looking for a recording device. The recording device was concealed elsewhere. [H] tried to convince Smith that there was nothing untoward about his relationship with Pat.
On 8 March 2001 Pat met Stumpo and paid him $7,000 for the hashish received on 28 February. Pat received 1962.3 grams of hashish and 2 tablets of what was purportedly ecstasy which weighed 0.6 of a gram and contained methylamphetamine (2.5% pure).
On 14 March 2001 Pat met Stumpo and paid him $7,000 for the hashish received on 8 March. Later that day Pat met Stumpo. Pat paid Stumpo $4,000 and received 500 tablets of what was purportedly ecstasy weighing 146.6 grams and containing methylamphetamine (1.5% pure). That night police observed Stumpo having dinner with the [a]pplicant.
On 20 March 2001 Pat met Stumpo and received 750 tablets of what was purportedly ecstasy weighing 219.4 grams and containing methylamphetamine (2% purity). Pat paid Stumpo $11,000: $3,750 for the tablets received on 14 March; and $7,500 for the tablets purchased on this occasion.
On 23 March 2001 Pat met Stumpo and paid him $18,750; $3,750 for the balance owing on the tablets purchased on 20 March; and $15,000 as part payment for the tablets he was about to receive. Stumpo gave him 1909 tablets of what was purportedly ecstasy weighing 549.2 grams and containing methyamphetamine (2.5% pure).
On 28 March 2001 Pat met with Stumpo and gave him $59,000 in a Nokia phone box. In exchange Pat received 1993 tablets of what was purportedly extasy weighing 519.6 grams and containing methylamphetamine (2.5% pure) and 3983.2 grams of hashish. Later police observed the [a]pplicant, Stumpo and Cotter leaving the [a]pplicant's residence together.
A short time later on 28 March 2008, the [a]pplicant, Cotter and Stumpo were arrested. The [a]pplicant was found to be in possession of $340 and Stumpo was found to be in possession of $200. That money was later matched to notes used by Pat to pay Stumpo for the tablets and hashish purchased earlier that day. The [a]pplicant was also found in possession of a piece of paper bearing calculations relevant to that drug deal.
That afternoon police executed a number of search warrants. They located $51,460 at the [a]pplicant's residence a 706/115 Beach St, Port Melbourne. That money was later identified as being part of the $59,000 used by Pat to purchase the tablets and hashish from Stumpo earlier that day. At Stumpo's residence at 5 Green Court, Altona, police located the Nokia phone box used by Pat to deliver the $59,000 that day, and $7,000 which was later identified as being part of that $59,000.00. In the shed at Giusseppe Stumpo's residence police located 10,061.6 grams or 10.0616 kilograms of hashish.
Surveillance police observed all of the meetings between [H], Pat and Stumpo where drugs were transacted. They witnessed most of the early meetings between [H] and the [a]pplicant, and various other interactions between the 5 participants.
The total quantity of the substance containing tetrahydrocannabinol seized by police was 24.9 kilograms. Column 2A, Part 3, Schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), as in force at the time of the offences (Versions 55), provides that a commercial quantity of a substance mixed with tetrahydrocannabinol is 10 kilograms.
The total quantity of the substance seized by the police containing methylamphetamine was 1.4492 kilograms (1435.4 grams + 13.8 grams...). Column 2A, Part 3, Schedule 11 of the Drugs, Poisons and Controlled Substance Act 1981 (Vic), as in force at the time of the offences, provides that a commercial quantity of a substance mixed with methylamphetamine is 1.25 kilograms.[6]