Illegal search claim brings $750,000 drug bust into question

Townsville police officers dragged into witness box over claims $750,000 drug bust was the result of an illegal search.

POLICE officers have been dragged into the witness box and asked to explain their actions after finding hundreds of thousands of dollars of illicit drugs.

Lawyers representing one of the men charged over the find have applied to a court and asked the case be dismissed amid claims officers from Townsville’s Major Organised Crime Squad illegally searched the vehicle.

Andrew William Taylor, 31, faced Townsville Supreme Court on Friday.

After days of covert surveillance MOCS officers found an estimated $750,000 worth of meth hidden in the dashboard of a hired Mitsubishi in May last year.

Taylor was a passenger in the vehicle which was being driven by his co-accused Tyson Leverentz, 34.

Officers intercepted the vehicle on the Burdekin Bridge about 4am.

The court was told the search uncovered $2200 cash and 382g of pure meth worth up to $750,000 at the time due to low supply and inflated prices during the Covid-19 lockdown.

Both men were known to police and had previously been convicted of drug offences.

They each face a single charge of aggravated possession of schedule one dangerous drugs.

MOCS plain clothes Senior Constable Wade Beeton was the lead investigating officer and made the decision to stop the car.

Giving evidence Constable Beeton said police intelligence gathered over about a month indicated Taylor was involved in the distribution of meth.

Police began tracking Taylor’s activity in April 2020 after receiving information indicating he was involved in the large-scale supply of meth in Townsville.

The court was told police had intel that Taylor was supplying meth from a mechanic’s workshop in Currajong and his home and had used a stolen LandCruiser as a deposit for $80,000 worth of meth.

Constable Beeton told the court he did not obtain a warrant to search the vehicle because he did not think he needed one.

Police are empowered under the Police Powers and Responsibilities Act to stop a vehicle, detain the occupants and search it without a warrant if they reasonably suspect an offence has been committed.

During his evidence Constable Beeton said he was “suspicious” about Taylor’s travel and that phone data showed he travelled to Brisbane and then immediately began travelling back north.

Constable Beeton did not object when Taylor’s barrister Justin Greggery QC described his order to another officer to search the vehicle as a “carte blanche” direction.

“We were there to search for unlawful dangerous drugs, (the other officer) he knew the (police) power we were using … I did not give him a boundary in relation to what he could and couldn’t search for in that vehicle,” Constable Beeton said.

“Most people in this circumstance go to great lengths to conceal dangerous drugs so, yes we did a search of a thorough nature.”

Constable Beeton told the court officers searching the vehicle used screwdrivers, removed internal linings, pulled out the spare tyre and deconstructed the glove box.

A search warrant gives police specific permission to open locked compartments and remove panels or linings of a vehicle.

Under heavy cross examination Constable Beeton conceded the police power he used to stop and search the vehicle suspecting it was couriering drugs did not specifically provide this equivalent power.

“You understood if you were wrong about your view that a search warrant was not required. the search would be unlawful,” Mr Greggery asked.

“In the event it was unlawful you appreciated you had organised multiple other persons acting with the apparent authority of the state to stop a vehicle, handcuff the occupants and take apart sections of the car.

“Those actions if unlawful involve the commission of any number of criminal offences, deprivation of liberty might be one … going armed to cause fear in public might be one … unlawful entry to a motor vehicle might be another.”

Constable Beeton agreed he proceeded with the search on the basis that he did not believe he needed one and without checking that with a more senior officer.

“Do you understand that the ignorance of the law is no excuse for the commission of offences,” Mr Greggery asked.

Two other police officers gave evidence at the hearing on Friday.

Presiding judge Justice David North adjourned the matter to November 26 to hear legal arguments from each party.

Originally published as Illegal search claim brings $750,000 drug bust into question