A BARRISTER for an alleged drug trafficker claims his client had an "innocent" reason for being captured several times on surveillance at the Rebels Motorcycle Clubhouse at the Sunshine Coast.
Alleged Yandina Five bikie member Joshua Shane Carew, 30, had his application for bail heard on Thursday in the Brisbane Supreme Court, but will have to wait until next week to find out whether it was successful.
Carew's barrister Robert Butler told the court his client had never been a member, associate or sought to become a member of any motorcycle club in the state and the conditions he was being confined to in jail were "extreme."
"By the time his trial comes around in March he would have been in jail for three and a half months, most likely in solitary confinement," he said.
"My client has never been a member of the Rebels Motorcycle Club so therefore he does not have the ability to dissociate himself from a club or hand in any colours."
Crown Prosecutor David Meredith said while Carew may not be a patched member of the Rebels it was clear he decided to associate with them, which under the tough new anti-bikie laws, was an offence.
"He is a participant under the legislation, importantly, because he has allegedly been trafficking amphetamines with other members of the Rebels Motorcycle Club," he said
"Not only is he a participant in his criminal activity, but his social activity and that of his extended family who are his co-accused, show a desire to participate in the criminal activities of the Rebels."
Mr Meredith told the court Carew had been observed on a number of occasions through police surveillance and telephone intercepts being at the Rebels clubhouse.
However, Mr Butler told the court there was a very simple and innocent explanation in that Carew was a carpenter by trade and was only going to the clubhouse to do some work.
Mr Meredith said in opposing the bail application there was an unacceptable risk Carew would re-offend.
"The crown's biggest concern is if he is released on bail there is an unacceptable risk he would become involved with drug trafficking again," he said.
"It would be stupid for him to do so, but then again it was also stupid of him to do so in the first place while being on a suspended jail sentence."
Justice John Byrne reserved his decision until Tuesday (January 14).