Obstructing a Police Officer During a Drug Search Case Discontinued

What the police thought was an open and shut case  - after review the matter was discontinued.

Our client was charged with obstructing an officer in the course of carrying out a drug search. The police stated they had intel that the car our client was sitting in was linked to drugs, his eye were glazed and he was acting suspiciously. He was searched and during the course of that search it was alleged in swallowed a bag of drugs.

Our client wasn’t interviewed as a view was taken that the evidence was overwhelming and the body worn footage clearly showed him swallowing the drugs. Whilst on route to hospital he was taking a lot and sweating. The evidence served at the Magistrates Court simply included a few officers’ statements.

Our client was adamant that he hadn’t swallowed anything, he was just rubbing his nose. He was taken to hospital and a scan showed nothing, he was also drug tested at the police station, this was negative. He is a man of good character and was nervous about being arrested hence the sweating and talking.

It transpired that the vehicle belonged in our client’s father; it was a disability vehicle that the client was insured on.

We wrote to the Crown requesting the custody record, hospital records and of course the body worn which was apparently helpful to the case and requested the matter to be reviewed based on the information our client had given us.

The prosecution discontinued the case a day before the plea and trial preparation hearing.

This case was litigated by Rachel Hobba.