Charges against one of two men arrested over a 2.2-kilogram, million dollar-plus heroin seizure near Albury have been dropped.
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Sydney man Ryan Christopher Lotho had been given forewarning of the move, but nevertheless appeared stunned on Tuesday when told he would be released from Junee jail.
Mr Lotho, 31, and his co-accused - Lawrence Francis Gonzales, 33 - have been behind bars, bail refused, since their arrest north of Albury in late July, 2019.
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Charge certification for the cases against the pair was completed in December, to be followed by case conferences that would determine whether the men were committed for trial or sentence in the District Court.
But on Tuesday, Director of Public Prosecutions representative Yanina Wojcik told magistrate Richard Funston in Albury Local Court that the director would be asking to withdraw the two charges laid against Mr Lotho.
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Both Mr Lotho and Gonzales were facing serious and strictly indictable charges of supply a prohibited drug not less than a commercial quantity, along with possessing a prohibited drug.
Albury lawyer Ellie Richardson, appearing as agent for Mr Lotho's defence team, said she had been instructed to seek a two-week adjournment in order to establish costs.
But Mr Funston said that was a separate matter and that no adjournment would be made as Mr Lotho's case had now been withdrawn and dismissed.
It was accepted by the DPP - during a previous unsuccessful bail application - that Mr Lotho was a passenger in the car, which was owned by the father of Gonzales.
But the DPP also argued at the time how Mr Lotho was still in a car in which 2.2 kilograms of heroin was in the boot, that Mr 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.
Mr Funston finalised the matter by turning to Mr Lotho - appearing on a video link - and telling him: "You will be released today. Thank you Mr Lotho."
In what was his only comment, Mr Lotho replied: "Thank you."