Tulloch Dickson: Newcastle concreter caught with 30 MDMA caps walks ‘scot-free’ from court after bizarre legal twist
A concreter caught with 30 MDMA caps at a Sydney music festival has walked out of court “scot-free” due to a bizarre legal twist.
Newcastle
Don't miss out on the headlines from Newcastle. Followed categories will be added to My News.
A concreter caught with 30 MDMA caps at a Sydney music festival has walked out of court “scot-free” because of a bizarre legal twist with a court hearing he planned on “chewing” them during the event.
Tulloch Dickson defended a knowingly take part in drug supply charge at Waverley Local Court on Monday after previously pleading not guilty.
Police alleged the 23-year-old Newcastle man was caught with 30 MDMA capsules outside Listen Out music festival at Centennial Park in September last year.
It was alleged he was spotted with his friend moving away from the festival entrance and stopping at a large tree before removing items from their bags.
Police alleged Dickson was found with a condom which contained an unknown item in his hands.
The court heard Dickson told police he thought there was roughly 25 to 30 MDMA caps and they were for personal use.
The police prosecutor told the court “strong inferences” could be made regarding the weight of the drugs and the time it would take to consume them.
He rejected Dickson claiming they was for personal use.
Dickson’s lawyer Paul McGirr said his client had bought the drugs for $400 to $500 which he planned on “chewing … throughout the day”.
When asked by Magistrate Michael Barko on whether there was an alternative charge of possession put forward by the police, Mr McGirr answered saying that’s where “they rise and fall”.
According to Mr McGirr, he said that’s where the prosecution “rise and fall on this particular case” and that police were “prevented” from adding the charge.
He said if the prosecution couldn’t prove that the drugs were for the purpose of supply, his client would walk out of court “scot-free” because “that’s the case they’re running”.
“My client might walk … at the end of the day he was to be chewing … it’s mad … [but] unfortunately that’s what people do,” Mr McGirr said.
He earlier explained there was no evidence, either on his client’s phone or in what he told police, that suggested the drugs were for dealing.
Before arriving at his decision, Mr Barko detailed the danger of drugs.
“I can tell you how many beers to takes me to be happy … looking at a beer bottle … I can tell you the nutritional value,” he said.
“I’ve got no idea about ecstasy … I don’t know what the quality and purity [is] … [or] if it’s got glass shards in it.”
Mr Barko said there were “too many” music festivals in the eastern suburbs with “hundreds of young people … stupid enough [to] stick drugs in a cavity” and think a drug dog won’t smell it.
“I certainly know … young people are using more and more of this stuff,” he said.
Mr Barko agreed there was no “intelligence … or information” relating to drug supply and he was satisfied the capsules were “for his own use”.
The charge was ultimately dismissed with Mr Barko described Dickson as arrogant and “another stupid young fella”.