A PARTYGOER caught with 17 tickets of LSD when talked to by Warrnambool police in Wanstead Street will contest a trafficking charge.
James Porter-Cullen, 21, of Raglan Parade, appeared in the Warrnambool Magistrates Court this week for a contest mention hearing.
Police alleged that on August 5 last year Mr Porter-Cullen had been to an address in McGregors Road where he consumed alcohol and cannabis.
About 2am he was intercepted by police in Wanstead Street heading south and was asked by officers to empty his pockets.
He produced a small snap-lock bag containing 17 tickets of LSD from his hoodie pocket, but immediately scooped up the bag, denied he had it and attempted to throw it on the ground behind him.
Mr Porter-Cullen also produced two foils of cannabis from his pants. During an interview with police the accused man said he had been to a party at his brother’s home.
He said he was wearing someone else’s jumper and the cannabis also belonged to someone else.
Mr Porter-Cullen told police he could not recall who owned the jumper or cannabis because he was too intoxicated.
Police prosecutor Senior Constable Paul Harris told the court police alleged the LSD was in Mr Porter-Cullen’s possession for the purpose of sale.
He said a trafficable quantity of LSD was 150 milligrams and Mr Porter-Cullen had 138mg.
Senior Constable Harris submitted he had received expert advice that a drug user would not take more than one ticket of LSD at a time and it was usual to just use a half or quarter ticket.
“If more was taken you would risk overdose,” he said.
The police officer questioned why Mr Porter-Cullen would then have 17 tablets in his possession.
Defence solicitor Ara Blacker said her client admitted possession of the drugs but denied trafficking and she said there was not enough evidence to support that charge.
Magistrate Ron Saines said it was impossible for him to clearly ascertain the facts, but it seemed that due to the quantity of LSD and the circumstances there could be an inference of trafficking.
He said the accused could be asked to produce plausible evidence that may lead to the prosecution case falling short of proving the charge beyond reasonable doubt.
The magistrate said if there was not a plausible reason for possession of the LSD then the prosecution may succeed.
The case was adjourned for a contested hearing on June 7.