Successful Exclusion of Record of Interview – Trafficking Charge Dropped
In 2018, Alan Phillips of our office instructed Scott Lynch of Counsel before the Bundaberg Supreme Court with respect to our client who had been charged with trafficking in dangerous drugs and associated offending.
Our client had participated in a record of interview when he was arrested by police. In the interview he made admissions to selling drugs to his friends for a number of months. Following his interview, he was charged with supplying drugs. When the matter was committed to the Supreme Court, our client was indicted with trafficking in dangerous drugs. Trafficking in dangerous drugs carries a maximum penalty of 25 years imprisonment.
Our office reviewed the brief of evidence and determined that the only evidence supporting the trafficking charge were our client’s admissions in the record of interview. Our client instructed us that he had been induced to participate in the record of interview, as the police had promised to return a large quantity of money found on him as well as release him on bail, if he was to make admissions to selling drugs in his interview. Our client had previously received advice that he had limited prospects with respect to excluding his interview at trial.
Our office formed a different view, and considered that the interview with him should be excluded at trial given the inducements held out to him by police. A pre-trial argument was conducted before the Senior Judge Administrator Justice Lyons in the Bundaberg Supreme Court. The Judge ruled in our client’s favour and excluded the interview in its entirety. Consequently the trafficking count was discontinued.
Our client was sentenced on the remaining serious drug charges to a suspended term of imprisonment that saw him released following time served. He is estimated to have been required to serve at least an additional year of actual custody if his trafficking count had remained.
If you are interested in our criminal lawyers acting on your behalf, please call either Alan Phillips on 3009 8469/0403846238 or Nicholas Crawford on 3009 8467 or Tyronne Thomas on 3009 8481.