Finks and Comanchero bikies challenge Operation Ironside ‘pure’ fantasy dealing charges after Supreme Court judgment
Does a 50L seizure of the drug fantasy have water in it – or is it pure? Incredibly, under SA law, if it’s pure, two bikies could face far lesser charges.
Police & Courts
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Two members of outlaw motorcycle gangs arrested as part of Operation Ironside will be allowed to question expert police witnesses about the purity of 50L of fantasy they allegedly trafficked, a court has ruled.
The two men and a third co-accused were arrested as part of the international operation targeting users of the encrypted AN0M app and charged with trafficking a large commercial quantity of fantasy.
On Thursday, lawyers for the three men moved to challenge the charges in the light of a landmark judgment handed down by the Supreme Court earlier this month.
The men, one of whom is a member of the Finks and the other a fully patched member of the Comanchero, have remained in custody since being arrested last year.
Andy Graham, for the Finks member, told the court he wanted to cross-examine a specialist police witness who had tested the 50L of fantasy when it was seized.
A Supreme Court ruling earlier this month found that SA’s drug legislation did not cover “pure” quantities of dozens of drugs including fantasy.
The finding meant that two drug dealers convicted of trafficking large commercial quantities of fantasy had their charges reduced to basic trafficking.
The finding slashed their potential maximum sentence from life in prison to 15 years in prison.
The finding has rocked multiple prosecutions and led to Kyam Maher calling for an urgent briefing on the implications for police and prosecutors.
In this case, Mr Graham, who led the appeal that redefined the laws, is asking the Adelaide Magistrates Court to dismiss the charge of trafficking a large commercial quantity of the drug.
He also indicated he would apply for bail on behalf of his client, which would be a near certainty if the charges were reduced to basic trafficking.
Magistrate John Wells heard from a prosecutor who said the fantasy was in a “mixed” form containing 10 per cent water.
In line with the Supreme Court’s finding this would be covered by the Controlled Substances Act and the three men would be likely to go to trial charged with large commercial trafficking offences.
Similar legal challenges are likely in a major drug syndicate dismantled as part of Operation Ironside.
Seven of the 81 serious drug trafficking offences the syndicate is facing relate to the sale and dealing of large commercial quantities of fantasy.
Mr Wells granted the application to cross-examine the expert witness and then make submissions on why the charges in their current form should be dismissed.
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