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Mathew Stokes case is 'weak'

Posted by: 3AW and The Age | 12 March, 2010 - 11:23 AM
Mathew Stokes ordered to get a job during his ban

PLAYING NOW: 3AW Law Reporter Phil Johnson discusses the Mathew Stokes cocaine trafficking case with 3AW's Neil Mitchell.

REPORT (Steve Butcher - The Age): Geelong AFL star Mathew Stokes was a "carrier" not a "courier" of cocaine, his lawyer today told a court.

Mark Dean, SC, said the case that Stokes, 25, trafficked one gram of cocaine was "tenuous and weak".

Mr Dean told the Geelong Magistrates Court the allegation was a "very, very simple" case of trafficking that fell at the lower end of the scale of seriousness.

He applied to have the charge heard in the magistrates court summary jurisdiction and not remain where it could ultimately be heard by a judge and jury.

Stokes was arrested last month and charged with trafficking and possession as part of a major police operation that involved the arrest of a number of other alleged offenders.

Mr Dean this morning said police did not allege that Stokes, who denied drug trafficking, used his own money to buy the drug.

The prosecution alleged that Stokes "conveyed" the drug to other people who then used it.

Police who raided him in February found no evidence of drug use, trafficking or drugs in his house or his car. It was also not the case that he profited from drug trafficking, the court heard.

The prosecution case is based in a record of interview Stokes gave police after his arrest.

Prosecutor John Weigl opposed the application for summary jurisdiction, saying a substantial amount of material was still being transcribed that involved almost 3000 phone calls and text messages intercepted by police on a phone belonging to the alleged main offender.

Mr Weigl said there may be more material in the transcripts that the police would rely on and it was to early to have a complete picture.

Magistrate Ronald Saines stood the application down to be advised on the status of any further possible prosecution material.

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