Anita Marie Hutchinson found guilty by jury of possessing 28g MDMA found in her handbag with $1400

A Rockhampton woman wanted a jury to believe the MDMA found in her handbag was placed there by a new sex partner without her knowledge, days after she messaged a client to say she was waiting for the drugs to be supplied.

A woman wanted a jury to believe the 28 grams of MDMA found in her handbag was placed there by a new sex partner without her knowledge, days after she messaged a drug client to say she was waiting for the MDMA to be supplied.

The MDMA was found in the same zipper compartment of her bag as $1400 cash and she also claimed she had no knowledge of it being in her handbag.

The woman, Anita Marie Hutchinson, pleaded guilty on February 22 in the Supreme Court of Rockhampton to four counts of supplying a dangerous drug but not guilty to possessing a dangerous drug in excess of two grams.

She claimed she left her handbag with her then new partner, Robert Howard, while he played one pokie machine and she played another on his behalf.

Hutchinson, 53, also claimed she did not know how to play pokie machines and Mr Howard, 46, had fed hundreds of dollars into the machines at Bartletts Tavern that night, walking away with at least one $1400 payout.

The jury heard Mr Howard did have drug convictions on his criminal record with the most recent being from 2016 and he was convicted in the Southport Magistrates Court for possessing drugs.

Hutchinson had no criminal record prior to pleading guilty to the supply charges.

Plain clothes Senior Constable Peter Coonan told the court he tried to intercept a black Ford Ranger after it drove off from Bartletts Tavern on July 14, 2020, about 8.30pm.

Senior Constable Coonan explained how he activated the lights on his unmarked police car, and activated the siren in two short spurts and then left it on the third time until the Ranger pulled over on William Street.

Senior Constable Coonan said Hutchinson, who was driving the Ranger, claimed she had not seen the unmarked police vehicle.

Hutchinson told the jury, when she gave evidence, she didn’t own the Ranger and had been asked to drive it by her passenger and then new partner Robert Howard as he had drunk more alcohol than her that evening.

Hutchinson returned a blood-alcohol content reading below the legal limit, which Senior Constable Coonan said she expressed relief at.

Both Hutchinson and her passenger were searched by police.

Senior Constable Coonan said he searched Hutchinson’s handbag and found the $1400 cash, in $50 and $20 notes, along with 27.921g of MDMA of which 11.28g was pure substance, in a compartment of her handbag which was separate from where her wallet was kept.

There were no prints found on the bag of the MDMA.

Senior Constable Coonan said he also found a second mobile phone – the first being on the bonnet of the car – belonging to Hutchinson but it was not active.

An analysis of Hutchinson’s active phone revealed the four supply drugs offences.

Crown prosecutor Matthew Sutton said the first set of messages on July 6, 2020, revealed Hutchinson offering to supply 3.5g of marijuana to a person she met later at the Oxford Hotel.

Hutchinson, when giving her evidence, told the jury she didn’t actually carry out the supply.

However, under cross examination by Mr Sutton, Hutchinson revealed she still met the client at the Oxford Hotel as per the messages on her phone about the supply.

Mr Sutton said the second supply charge related to Hutchinson was asked to supply 11 MDMA capsules and a gram of cocaine on July 7, but she told her female customer she could not get her hands on cocaine at that point in time.

The third and fourth supply charges related to Hutchinson arranging to sell cocaine and MDMA on July 11.

When responding to the requests for MDMA and cocaine on July 11, she told this customer she was picking up MDMA the next day.

Under cross-examination, Hutchinson claimed she had never seen a capsule of MDMA before, did not know how many grams were in a capsule, what good quality drugs looked like and she had never used drugs.

“I wouldn’t have a clue how to judge the quality of drugs,” she said.

Hutchinson, when questioned by her barrister Jordan Ahlstrand, said she was unaware of Mr Howard’s criminal record, had heard him discuss drugs with other people but had never seen him use drugs, and he told her he was in the region doing hailstorm damage repair work.

She said met Mr Howard in June 2020 and seen him again four or five times before the night at Bartlett’s Tavern.

Hutchinson said the relationship was purely sexual.

She said they had gone to Bartletts Tavern about 7.30pm on July 14.

Hutchinson said they had some drinks and Mr Howard had dinner before playing the pokies.

She said she left her handbag hanging over her chair while Mr Howard ate and then next to the pokie machine Mr Howard was playing when she went to play a second machine for him for about 20 minutes.

Mr Ahlstrand asked Hutchinson why she didn’t stop when the police siren was first activated.

She said they had the music up load in the vehicle and she hadn’t adjusted the mirrors to see behind her.

Mr Ahlstrand argued, in his closing address, if Hutchinson had any knowledge of the MDMA in her handbag, why did she express relief after the roadside breath test returned a reading under the legal limit.

“Her demeanour was consistent with someone who did not know of the presence of MDMA,” he said.

Meanwhile, Mr Sutton argued in his closing address that Hutchinson was using drug terminology – such as Mary Jane – in her messages about arranging drug sales.

He argued it was an absurd suggestion that someone else placed the drugs and $1400 in her handbag.

The jury took about an hour to reach the verdict of guilty to the charge of possessing over two grams of a dangerous drug.

Her sentence was adjourned until March 15.