A Springvale man has been found guilty of possessing an imitation firearm during an encounter with police that saw him ingest seven grams of cocaine and hide two small bags of the drug in his bottom.
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Corey Robert Spinks, aged 26, pleaded guilty in Wagga Local Court on Monday to hindering police and possessing a prohibited drug in the form of 1.84 grams of cocaine
Spinks pleaded not guilty to possessing an unauthorised pistol, arguing that the cap gun police found in his car "resembled a kid's toy".
Police alleged they found a black plastic cap gun with a brown grip and "orange end removed and as a result appeared to be a legitimate firearm" in Spink's car after they pulled him over at 11:30pm on March 24 last year.
Two officers on patrol spotted Spinks swerving across the lanes on Edwards Street in Wagga and pulled him over for a breath test.
Spinks tested negative for alcohol but police decided to strip search him due to his record of drug possession, "extremely nervous" state and undone pants.
While being questioned prior to the search in the back of a police vehicle, Spinks stated he was in the possession of drugs and he had inserted them into his anus.
When directed to remove the drugs, Spinks reached into his underwear and removed a small white balloon filled with white powder and then placed it in his mouth and bit into it while police tried to grab his arms.
The officers stated they then "observed a small plastic bag containing white powder protruding from [Spinks'] bottom".
Spinks was later taken to hospital in an ambulance for treatment as a result of swallowing cocaine before police could approach his vehicle.
The prosecutor tendered statements from two expert witnesses, one of whom classified the cap gun as an imitation firearm, and the other found Spinks' DNA on the cap gun.
Spinks represented himself during Monday's hearing and was given frequent instructions by Magistrate Christopher Halburd.
Spinks argued the cap gun could not be mistaken for a real firearm as it had a 'KK' brand engraved on the side.
Magistrate Halburd responded that someone would not see the brand if the gun was pointed at them and "the vast majority of people would believe it was not a toy".
Spinks did not cross examine the two officers who arrested him last year except to ask when his mobile phone would be returned.
Magistrate Halburd ruled the question irrelevant and later found Spinks guilty of possessing a pistol without licence or permit, setting the sentencing for April 11.
Spinks was ordered to contact Community Corrections for an assessment.
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