A sentencing hearing has been told the younger brother of NSW Police Minister Paul Toole remains in "harsh" segregation ahead of sentencing for commercial drug supply due to the family connection with his brother.
Kelso man Kurt Toole, 32, is to be sentenced for four counts of supplying a commercial quantity of a prohibited drug in 2020 and 2021.
The offences occurred in central western New South Wales.
The District Court was told on Monday that Toole was heard supplying 6 grams of cocaine in one transaction, and another 224 grams in another, on listening devices.
More than 220 grams of amphetamine was supplied in another transaction, with Toole heard on tape referring to it as "old school gas".
Prosecutor Amy Paddison said Toole played a high-level role in an alleged drug network.
Judge Graham Turnbull said that Toole: "Doesn't seem to be pressured, in [phone taps]. He seems quite comfortable in the situation.
"There is some element of planning and preparation, money needs to be sought and drug needs to be sought.
"And to get 8 ounces, you don't go down to the local IGA, you know what I mean, in a country environment."
Segregation call due to family relationship
Defence barrister Dean Jordan SC argued his client had fared harshly while on remand, ahead of sentence, due to him being the brother of the Deputy Premier and Police Minister Paul Toole.
Mr Jordan said Kurt Toole was doing it tough in segregation in Bathurst Correctional Centre.
"These segregation conditions are harsh and it must be accepted they would cause a significant detriment to the wellbeing of any human being," Mr Jordan said.
Judge Turnbull acknowledged there was some hardship due to his relationship.
"How many police minister's brothers get locked up in the local area for serious matters?" he asked.
He added that it would pose problems for authorities if "somebody who doesn't like the police minister, might take things out on his brother".
However, the judge asked why Toole was in segregation when he did not wish to be in there.
"It is not a sex offence, he is not a bikie and I don't know if he's got enemies there," Judge Turnbull said.
"He has no control just because of his relationship to his brother."
Toole's status to be reviewed
The prosecution said Toole was subjected to a non-association order at the request of Corrective Services NSW.
The court heard Toole's status would be reviewed after sentencing, but such an order could remain in place.
The Crown said as a result of Toole's previous convictions, his prospects for rehabilitation were "guarded" and that Toole was "completely undeterred by that sentence".
The defence said Toole was a family man and was willing to change.
Toole is due to be sentenced on April 5.
