Travis Anthony Dale on meth possession charge linked to Australia Post package

A Queensland man allegedly linked to two major meth busts in eight days is trying to have a postage parcel-related charge thrown out of court.

Travis Anthony Dale, 25, has 18 charges before Rockhampton Magistrates Court, including a set of six from November 2 which includes one of the large meth possessions along with possessing a shortened firearm he was allegedly found in possession of in Frenchville.

A Central Queensland man is fighting to have a drug charge thrown out of court, claiming a parcel which allegedly contained meth technically belonged to Australia Post when it was intercepted by authorities.

Travis Anthony Dale, 25, has 18 charges before Rockhampton Magistrates Court including two counts of possessing more than 2 grams of a schedule one drug (meth) during an eight-day period.

During a committal hand up hearing, defence lawyer Jess King explained one of the drug possession charges was tied up with a set of six charges from November 2 at Frenchville which included possession of a shortened firearm, used drug utensils, tainted property, explosives and contravene order about providing access to electronically stored information.

She said the no-case submission related to a stand-alone meth possession charge from October 25 which was linked to the parcel in the post.

“The defence position is that the issue of whether or not Mr Dale actually possessed the drug, which was inside the package or alternatively, whether he attempted to possess that drug,” Ms King said.

“It’s not clear from the particulars which have been provided to us on what basis the prosecution proceeds.”

Ms King said she had dealt with both of those options in her written outlines which were now with Magistrate Grace Kahlert for consideration.

She also claimed some of the evidence provided by the prosecution was not admissible as there had been “complete noncompliance” with legislation which was also provided in her written submission.

“They are simply hearsay evidence,” she told the court.

During the committal hand up, police prosecutor Mirren Smith provided the court with bank statements, police statements, crime scene photographs, a certificate of analysis, audio recordings, data analysis of a mobile phone, Australia Post tracking data along with CCTV recordings at the Raffles Hotel and Park Avenue Hotel.

Ms King claimed the admissible evidence was “entirely insufficient to establish (Mr Dale) actually possessed the drugs”.

“The element of possession, if it is actual possession, requires that he had physical control over the item or the ability to exercise physical control over it,” Ms King said.

“And on the basis, it was never delivered to the address and was retained by Australia Post, he was never in the position to either have control or exhibit any physical control over the item.”

The court hear Mr Dale had never claimed ownership of the phone, which was seized and linked to the tracking number, nor was he the sole user of the phone.

Ms Mirren submitted there was still sufficient evidence to convict the defendant on the charge.

She said the test for the court to apply was the same used by the high court in another case.

Mr Dale also has charges from alleged offences in Allenstown on October 6 including two counts of possessing drugs, possessing a knife in a public place and one of assault occasioning bodily harm.

The no-case proceedings were adjourned part-heard to June 21 along with all 18 charges.

Originally published as Travis Anthony Dale on meth possession charge linked to Australia Post package