Finlaye Michael Patrick Stone walks free after drug supplying charges dismissed

A Qld man who was facing two dozen charges of supplying drugs is “breathing easy” after the police case against him fell apart in a spectacular court exchange.

Finlaye Michael Patrick Stone had 24 charges of supplying dangerous drugs dismissed after the first witness was cross examined. Photo: Fergus Gregg

The police case against a man previously charged with supplying drugs has been dropped after an arresting officer was warned against “lying” at Mackay Magistrates Court hearing.

Finlaye Michael Patrick Stone was charged with 24 counts of supplying dangerous drugs after the car he was in was pulled over on August 1, 2024, the court heard.

Travelling with two others, he was in the passenger seat when constable Ethan Thompson approached the vehicle and spoke with the driver whom he then breath tested.

The test returned a negative result for alcohol, but after a conversation with his sergeant, Cnst Thompson told the driver the car and its passengers would be searched.

The search allegedly revealed clip sealed bags of marijuana beneath the driver’s seat and in the handbag of another passenger.

Mr Stone was arrested and charged with supplying dangerous drugs.

Mr Thompson walked from the courthouse with his charges dismissed. Photo: Fergus Gregg

Cnst Thompson and other police officers submitted statements, and he was the first subjected to cross examination at Mr Stone’s committal hearing.

The court heard Cnst Thompson had been a policeman for one year and 10 months and given evidence in court once before.

Defence barrister Joshua Morris said Cnst Thompson’s statement did not “explicitly” say what formed the reasonable suspicion the occupants had drugs.

Cnst Thompson wrote in his statement the driver was slurring his speech, and he was behaving restlessly.

“While speaking with the occupants I detected a strong odour consistent with cannabis coming from within the vehicle,” Cnst said.

Mr Morris asked the constable if he told his sergeant about the slurring, restless behaviour or the smell of cannabis prior to the search and Cnst said he did not.

Mr Morris also referred to Cnst Thompson’s QP9 court brief about the incident and said there was no reference to restless behaviour or slurred speech.

Body cam footage from the policeman was played in court and Cnst Thompson said, “as soon as the windows go down you can smell cannabis coming from the vehicle”.

Magistrate Damien Dwyer asked Cnst Thompson to point out when the window went down and he corrected himself and said, “the window was down when I got to the window”.

The prosecution then offered no evidence for the 24 charges of supplying dangerous drugs.

As the footage was played Cnst Thompson said “it may be hard to see but during this interaction — while he’s on his phone — his fingers are shaking.

Mr Dwyer asked Cnst Thompson to point out exactly where the shaking was in the footage and he said “it’s very very slight”.

The footage was paused and Mr Dwyer then asked to speak with Mr Morris and police prosecutor Leonie Taufa’ao.

When he returned, he warned Cnst Thompson lying in court would possibly lead to imprisonment and said he was “digging quite a hole”.

Mr Dwyer asked if Cnst Thompson would like to see the duty lawyer and he responded yes.

The matter was stood down and when the court returned the prosecution revealed they were offering no evidence for Mr Stone’s alleged supplying drug offences.

The matter was once more stood down and when it was returned Mr Dwyer said, “are you breathing a bit easier now Mr Stone?”

Mr Stone replied, “always been breathing easy”.

Cnst Thompson was excused and Mr Dwyer said, “I am not of the view that the evidence produced is sufficient to put this defendant on trial”.

“All counts are dismissed and the defendant is discharged.”

Originally published as Finlaye Michael Patrick Stone walks free after drug supplying charges dismissed