VIC labourer Tom Brockley rescinds guilty pleas after alleged Eden drug bust

A labourer on a skydiving trip allegedly busted concealing a cache of party drugs has had his case adjourned again. Find out why.

Victrorian student and labourer Tom Brockely rescinded pleas of guilty at Batemans Bay Local Court. Picture: Nathan Schmidt

The case of a Victorian labourer allegedly busted transporting a cocktail of party drugs including a psychedelic and MDMA while holidaying on the NSW far south coast has been delayed yet again.

Tom Richard Brockley pleaded guilty at the Batemans Bay Local Court in October to five counts of drug supply, driving under the influence of drugs, as well as possessing prohibited drugs and the proceeds from crime.

On Monday, he told the court he would traverse those pleas following a disagreement with police over one of the charges.

The Ferntree Gully man was allegedly driving on Imlay St in Eden shortly after midnight on May 14 when police officers patrolling the area observed Brockley crossing over double white lines onto the opposite side of the road, police facts reveal.

Asked if he had any drugs in the car, the 37-year-old allegedly handed officers a small container labelled Aspen Dexamphetamine, a treatment for attention deficit hyperactivity disorder, billeted for NSW. In total, 14 tablets and capsules were allegedly located inside.

During a further search of the vehicle, police allegedly uncovered a stash of party-type drugs and hallucinogenics in a yellow Pelican container, which had been wrapped in a jumper and stashed under the front passenger seat.

Tom Brockely appeared before the Batemans Bay Local Court on May 16, charged with both possessing and supplying a prohibited drug, as well as dealing with the proceeds of crime.

Police claim to have recovered 19.39g of MDMA, 14g of cocaine, 0.41g of dimethyltryptamine, 12.5g of ketamine and four pieces of multi-coloured cardboard containing LSD. The amounts of MDMA, ketamine, and cocaine all exceed the indictable quantity.

Brockley allegedly told police he owned the container, but told officers he was unaware of the drugs inside.

Appearing at Batemans Bay Local Court on Monday, solicitor Lisa Stone told Magistrate Doug Dick an additional charge of drug supply relating to DMT found in the container was contrary to law. She added that Brockley‘s previous guilty plea would be revoked.

“As a matter of law – although there is a plea – on the table that I have, for the charge to be supply for DMT, it has to be over 8g,” she said.

“The amount Brockley has been charged with is only 0.41g. It is a point of law.”

Ms Stone further outlined the months-long back-and-forth with police over agreed facts, during which Brockley pleaded guilty three times.

“In July, Brockley pleaded guilty to four charges on the basis one of them would be withdrawn,” she said.

“Then we came back for sentencing, where more charges had been laid.

“Those guilty pleas were withdrawn, and a guilty plea was added for a driving charge.”

The matter was then adjourned again to go before the NSW Director of Public Prosecutions, who declined to oversee the case.

On October 17, Brockley again pleaded guilty on the proviso, Ms Stone said, that the DMT supply charge would be withdrawn.

As a result, Magistrate Doug Dick told Ms Stone he could not proceed.

He told Brockley he would have to apply to “traverse” his plea, negating it.

“I cannot proceed if there is not a plea,” Mr Dick said. “This is all I can do today.”

According to the police, Brockely was also allegedly found with a set of small scales, small plastic bags, and $5860 in cash.

He further tested positive for cocaine and meth after a roadside test, police allege.

Brockley will return to Batemans Bay Local Court on December 12 for his application to be heard.