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 Arrest wipes grin off this man's lips 

Arrest wipes grin off this man's lips

08 Feb, 2012 12:00 AM
TWO men facing trial over an alleged home invasion and assault in 2010 walked free from the District Court in Albury yesterday after a decision by the NSW Director of Public Prosecutions to discontinue their trial.

Lavington man Brendon Lee, 29, had a smile on his face as he left through the court door.

But his sense of relief was only short-lived with four uniformed NSW police officers waiting for him in the court foyer and his smile quickly disappeared.

Lee was arrested and handcuffed on a warrant revoking his parole from Victoria dating back to 2004.

His solicitor Mark Cronin questioned what was happening and was told by police about the warrant relating to a break, enter and steal offence.

Lee was taken to the Albury police station and later appeared in custody in Albury Local Court where his extradition was sought by Victorian detectives.

Magistrate Tony Murray granted the extradition with documentation showing Lee received a 15-month sentence in Wodonga Magistrates Court on October 1, 2003, for burglary and theft.

He was released from custody on April 15 the following year.

Brendan Masterson, 24, had been granted bail after being charged over the alleged home invasion, but was unable to meet a surety condition and was held in custody pending trial.

Yesterday he collected his belongings from the police station after leaving court.

A jury of six men and six women was empanelled on Monday after both Lee and Masterson pleaded not guilty to a charge of breaking and entering on December 13, 2010, and inflicting grievous bodily harm.

It was alleged that they had stored items, including drug manufacturing equipment, at the home of Glenroy man Daniel Thio in a period of about four weeks.

But when Mr Thio wanted the drug equipment removed, he was allegedly attacked and hit with a stick or bat to the face suffering a fractured eye socket and other facial injuries.

Both Lee and Masterson denied any involvement in the incident with their barristers suggesting Mr Thio had a drug making recipe in his own handwriting, and a reason to lie to police.

Mr Thio has drug offences which are pending before a magistrate.

Judge Martin Blackmore thanked the jury on behalf of the community when discharging them.

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Brendon Lee was re-arrested after his trial was discontinued yesterday.
Brendon Lee was re-arrested after his trial was discontinued yesterday.

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