Our client was a 40-something father of three who had a circle of clients who paid him cash for a variety of maintenance related jobs on their properties. Over time, our client accumulated in excess of $26,000 hidden throughout his house, and intended to fund an overseas trip to visit family once the COVID climate had settled. He was also a recreational user of cannabis and other substances in the privacy of his home.
On a day in January 2021, police executed a search warrant at our client’s address. He was not home at the time and a variety of substances and smoking implements were seized along with every penny he had been saving. The following day police charged him with drug related offences and of being in possession of unlawfully obtained property in relation to the cash seized. In April 2021 our client presented police with a register of clients, dates, works, and cash paid with a view to establishing that the cash seized was lawfully obtained and not the proceeds of what the police had a ‘hunch’ was from suspected drug dealing. He also offered to plead guilty to the minor charges. Disappointingly, police rejected the veracity of the register and declined to return the cash to our client. The matter was listed for trial.
Our client came to us in late 2021 and we commenced preparing for trial, while at the same time, re-engaging with legal advisors to police, to persuade them that the prosecution of the unlawful possession (cash) charge had no reasonable prospect of success having regard to the available evidence and the defence we had disclosed. Given that the police had no evidence to even suggest our client was dealing in drugs, the continued prosecution of the cash charge was flawed. The legal advisors agreed with our assessment and the following week, our client pleaded guilty to the minor charges and a judgement of acquittal was entered on the unlawful possession charge, enabling our client to have $26,000 returned to him. Our client received nominal fines and was awarded costs.
