One of two men arrested after police allegedly found heroin valued at more than $1 million in a car that was stopped north of Albury has failed to secure bail.
Ryan Christopher Lotho, 31, appeared in Albury Local Court on Tuesday via a video link to Junee jail, where he has been held since late July.
His defence was required to show cause as to why Lotho's detention was unjustified because of a change in his circumstances before a bail application could even be considered.
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But magistrate Rodney Brender rejected the submission from Lotho's lawyer, further remanding him in custody to appear again at a later date.
It was argued that Lotho was the driver of the car as originally stated in the police outline of the case and that the vehicle was owned by the father of his co-accused, Lawrence Francis Gonzales, 33.
Further, there was no evidence that Lotho knew the heroin was in the car and that if the matter went for trial, this would not go before the District Court in Albury until late in 2020.
Director of Public Prosecutions representative Amy Paddison said it was accepted that Lotho was a passenger.
"(But) he's still in the car where 2.2 kilograms of heroin was found (in a secret compartment in the boot)."
Mr Brender said the case was certainly weakened if there was no other evidence that Lotho could have had knowledge of the drugs being in the vehicle.
After checking with police, Ms Paddison said Lotho's fingerprint was found on a mobile phone in the car and there was CCTV footage of him putting a bag in the boot.