A man who tried to convince a Riverina Highway Patrol officer not to search his utility vehicle, which was found to contain 18 kilograms of cannabis, has been given a six-month conditional release order.
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Scott Anthony Robinson, of Wyoming, was found guilty in Wagga Local Court on Wednesday to knowingly partaking in the supply of a prohibited drug in the form of bags of cannabis leaf hidden underneath his Holden ute.
Robinson was found not guilty of one charge each of resisting and hindering police following three contested hearings in Wagga Local Court in October and November last year.
The 48-year-old's solicitor had argued that his client had no idea that the drugs were in the vehicle when he departed a house party in Victoria to return to his home via Wagga.
Robinson's co-accused in the matter, a long-term friend, was a passenger in his utility and has admitted to hiding the drugs in the vehicle as part of a plan to raise money to prevent losing his house.
Magistrate Christopher Halburd found beyond reasonable doubt that Robinson had met the legal definition of drug possession due to him trying to prevent police from discovering the cannabis bags during a traffic stop.
Robinson's co-accused told him about the presence of the drugs when they were pulled over and Robinson subsequently told the officer there were no drugs in the vehicle.
"I am satisfied that [Robinson] undertook acts to divert the officer from finding the drugs, which were in a place that he had the right to exclude from all others, including [the co-accused]," Magistrate Halburd stated.
"By his actions he was asserting a right of control over the drugs."
Magistrate Halburd said Robinson's actions were at odds with those of his co-accused during the traffic stop as the co-accused said nothing and offered no resistance to a search.
Wagga Local Court was told last year that Robinson was attending a party at a home in Victoria when he saw the co-accused and other people unknown to him placing bags of cannabis in his ute.
"Upon discovering this he started removing some of the bags of drugs himself and made it plain that he would have nothing to do with transporting the drugs in his utility," Magistrate Halburd said.
Robinson attempted to book a coach ticket via phone back to the central coast but was told there were no seats available.
The co-accused told Robinson they "could make some money" out of the drugs and he needed the money to prevent him losing his home that he also shared with his mother, whom he acted as carer for.
The pair started to drive the ute back to NSW once Robinson was assured by his co-accused that all the drugs had been removed.
Robinson was driving the ute with a co-accused as a passenger on the Sturt Highway at 3.10pm on June 7, 2019 when they were pulled over near Borambola by a Highway Patrol officer who was working alone.
The officer testified that he found an anomaly in the ute that allowed access to its fuel tank void and was told by Robinson that it was nothing of consequence.
The officer informed Robinson and his co-accused that they would be placed in handcuffs, leading to an exchange that formed the basis of allegations that Robinson resisted arrest through aggressive behaviour.
Magistrate Halburd said Robinson's handcuffing was not captured on a video camera that was mounted on the Highway Patrol Vehicle and the prosecution's case did not meet the threshold for a guilty verdict on the resist and hinder charges.
Magistrate Halburd dismissed claims by the defence that Robinson was injured via improperly tight handcuffs during the arrest.
"This aspect of the defence case was, in my view, something of a furphy," Magistrate Halburd said.
"This was a fast evolving situation involving a sole officer and two defendants on the side of a busy regional road."
Police also made claims, which were not upheld by Magistrate Halburd, that Robinson hindered the officer in by throwing the Holden's keys to his co-accused with the alleged intent to have him flee the scene.
Magistrate Halburd accepted Robinson's denial that he was on a "drug run" through Wagga and the denial he wore clothing and used a vehicle bearing logos for his tree lopping business to "camouflage the drug run".
"[Robinson] is not a sartorial expert and may have considered work clothing to be appropriate items to wear to a party at a private residence," Magistrate Halburd said.
Robinson's co-accused has pleaded guilty to knowingly partaking in the supply of a prohibited drug.
Magistrate Halburd convicted Robinson and placed him on a conditional release order for six months, noting that he had spent more than two years on bail in a defacto good behaviour bond that he had not broken by reoffending.
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