MDMA dealer charged in wake of Alex Ross-King’s death escapes conviction

One of two men charged as part of the wider investigation into the supply of drugs after the death of Central Coast teenager Alex Ross-King at the FOMO music festival has escaped conviction.

Mark Haywood (centre) has escaped without a conviction after being charged with supplying ecstacy in the wake of Ms Ross-King’s death.

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One of two men charged as part of the wider investigation into the supply of drugs after the death of Central Coast teenager Alex Ross-King has escaped conviction.

Mark Haywood, of Mount Elliott, pleaded guilty to one count of supplying six capsules of MDMA but was put on a Conditional Release Order for two years without a conviction on Tuesday after a magistrate found young people “make mistakes”.

Police investigating the supply of drugs, which led to the death of 19-year-old Ms Ross King at the FOMO music festival in Sydney, raided Mr Haywood’s family home at Mount Elliott on January 16.

Mr Haywood was charged when police raided his parent’s home at Mount Elliott. Picture: NSW Police

Officers seized 26 capsules believed to be MDMA, 14g of a substance believed to be methylamphetamine, $1275 cash and mobile phones.

An agreed statement of facts tendered to Gosford Local Court revealed Mr Haywood, 20, had been contacted on January 11 by an Emily Gersch via Facebook.

Later that evening Mr Haywood, a second-year university student, was at a Terrigal unit with a number of other young people.

“Gersch made contact with the accused through the social media platform Snapchat and organised to purchase six capsules of 3,4-methylenedioxymethamphetamine (MDMA) for $20 each,” the facts read.

Mr Haywood was one of two men charged with drugs supply after Ms Ross-King’s death. Picture: NSW Police

About 9pm the same date Ms Gersch attended the unit and paid Mr Haywood $120.

Neither Mr Haywood nor Ms Gersch were charged with supplying the drugs that triggered Ms Ross-King’s fatal overdose on January 12, and neither have been charged in any relation to her death.

A second man Luke William Xerri, 23, of Saratoga, was also charged during the raid of Mr Haywood’s family home.

Luke Xerri leaving court after being charged with drug supply.

Mr Xerri was charged with one count of possessing a prohibited drug and five counts of supply including 26 capsules on January 16, four capsules on January 14, a further 16 capsules on December 28 and 10 capsules of MDMA on December 29.

He has not entered any pleas and returns to court next week. He too has not been charged in any relation to Ms Ross-King’s death.

Leading specialist criminal lawyer Samar Singh-Panwar today told the court Mr Haywood was an aspiring electrical engineer who attended with his “extremely supportive” family.

“It’s a matter, in my submission, that might sit above the level of social sharing of drugs,” he said.

“(However) she sought out the accused, knowing who he was, for the intention of buying drugs.”

Mr Singh-Panwar said the court had “scope” to grant him leniency and the “shock” of being charged with such a serious offence was enough of a deterrent.

Magistrate Ron Maiden took into account it was a single incident, involved little planning on his part and his otherwise good prospects.

“I’m prepared to give him a go,” he said.

“To use the vernacular, young people make mistakes.”