Prosecutors appeal after drug stash excluded from evidence

Prosecutors are fighting to overturn a decision to exclude a stash of illicit drugs worth hundreds of thousands of dollars from evidence against a convicted drug trafficker.

PROSECUTORS are fighting to overturn a decision to exclude a stash of illicit drugs worth hundreds of thousands of dollars from evidence in the case of an accused drug offender.

Officers from Townsville’s Major Organised Crime Squad found an estimated $750,000 worth of meth hidden in the dashboard of a hired Mitsubishi when the vehicle was stopped and searched near Home Hill on May 4, 2020.

The driver, Tyson Leverentz, 35, and his passenger, Andrew William Taylor, 31, were both known to police and were the subject of days of surveillance before they were arrested on the Bruce Highway and charged with aggravated drug possession.

Officers found $2200 cash and 382g of pure meth which was worth more than $700,000 as low supply inflated prices during the Covid-19 lockdown.

Justice David North deliberated for months before he excluded the drugs from evidence in April after lawyers representing Taylor applied to have the case thrown out of court and the drugs excluded from evidence over allegations MOCS officers did not follow the law and illegally searched the vehicle.

His reasons for deciding to exclude the drugs from evidence is yet to be made public.

Crown Prosecutors have taken the rare step to appeal Justice North’s decision and referred the case to the Attorney-General.

Plain clothes Senior Constable Wade Beeton was called to give evidence in November last year and told the court he did not think he needed a warrant and that officers 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 when searching a property.

During his evidence Constable Beeton conceded the police power he used to stop and search the vehicle, reasonably suspecting it was couriering drugs, did not specifically provide this equivalent power.

Taylor’s barrister Justin Greggery suggested to the court that without a warrant the actions of police could be illegal.

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

“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.”

Taylor faced Townsville Magistrates Court from custody on Monday where he was sentenced for a less serious charge committed while behind bars.

Taylor was fined $500 after he pleaded guilty to helping another prisoner call someone who was not approved on the inmate’s call list.

Taylor, who has spent more than 700 days in custody since his arrest, is remanded in custody awaiting the outcome of the appeal and any following court proceedings.

The appeal has been heard but a decision is pending.

Originally published as Prosecutors appeal after drug stash excluded from evidence