A BREAK down in the handling of evidence has resulted in a drug possession charge against Lockhart motocross star Jackson Strong being withdrawn by police.
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Strong, 24, was charged with possessing a prohibited drug and resist or hinder police after an incident at the Wagga showground on the night of May 9 last year.
It was alleged two police officers spoke with Strong after a drug detection dog showed interest in him.
Strong ran from the officers, but was caught within moments.
It was alleged a small amount of cocaine – less than one gram – was found on the X Games gold medallist.
The two charges were listed for hearing in Wagga Local Court on Thursday after being on foot for more than a year.
Talks were held between police and Strong’s legal representatives, Angus Harrowell and Matthew Hutchings, throughout the morning before the case took a shock twist after the lunch break.
Police prosecutor, Sergeant Chris Toole, told magistrate Erin Kennedy there was a “deficiency” in the police brief of evidence against Strong in relation to the chain of custody of the drug exhibit.
He said, as a result, the prosecution would have difficulty in proving what the alleged drug might be and he did not think the matter would succeed for police.
He then withdrew the drug possession charge.
A drugs conviction would have jeopardised Strong’s ability to compete in the United States, where he has won acclaim and awards for his death-defying motorcycle stunts. The US has harsh entry laws for anyone convicted of drugs crimes.
Through Mr Hutchings, Strong pleaded guilty to resisting the police. Mr Hutchings described Strong’s resistance as being at “the low end of the spectrum”.
He said Strong was a person of good character and standing in the community who contributed to charities.
“He is embarrassed to be here and remorseful for his actions,” Mr Hutchings said. “It was uncharacteristic behaviour by him.”
He asked for the charge to be proven, but dismissed completely under Section 10 (1)(A) of the Crimes (Sentencing Procedure) Act to eliminate risk of Strong being prevented entry to the US.
But Ms Kennedy rejected the submissions. While not recording a conviction, Ms Kennedy placed Strong on a Section 10 (1)(B) bond to be of good behaviour for 12 months.
Ms Kennedy said what Strong did was unlawful and a message of general deterrence needed to be sent to the community that people need to co-operate with police.