NEWS: News.com.au - 16/10/07 'Ben Cousins to face drug charge'

[Biscuit]

Isn't it funny that the police refused to release the identity of the drug that Cousins had but immediately released the identity of the drugs that this other joker had - coke, meth, cannabis - traditional "illegal" drugs.

Well the reports over here have Cousins possessing a few Valium or Diazepam tablets!

What no one appears to have picked up on (as the case was apparently adjourned for 3 months today so he could go back to the US and continue rehab and the charges have remained on foot) is that diazepam is NOT an illegal or prohibited drug to which the WA Misuse of Drugs Act applies to.

Not having a prescription is irrelevant. Diazepam is schedule 4 on the SUSDP and therefore schedule 4 in the Poisons Act. Only schedule 8 or 9 drugs are prohibited drugs unless they are specified. WA Parliament has specified additional drugs that are prohibited and diazepam is listed but only when "packaged for injection"!

So the point to this is that if Benny had Valium tablets he cannot be charged with possession of a prohibited drug. He has done nothing wrong other than have prescription drugs that are not illegal or prohibited without a prescription which people do all the time. Who has not shared antibiotics or sleeping tablets or panadeine forte with friends or family.

It is outrageous what has happened in that regard yet the jokers running the show on both sides of the coin don't know what they doing it seems!

Saying that, the fact that he looked completely trashed and refused to take a blood test has not assisted his cause.

 

[peaked]

^^ Well said biscuit. I can't believe they took him down just for having some valium on him. If any other player (without a drug history) was caught with a benzo, it probably wouldn't even be considered news worthy. It's a shame that some people will go to such extremes to show their "tough attitude" against drug users.

 

[time traveler]

Who has not shared antibiotics or sleeping tablets or panadeine forte with friends or family.

I agree with you completely. It is outrageous.

BUT

a 33-year-old who was a passenger in Chick's car possessing cocaine and cannabis.

SO who has not shared cocaine and cannabis with friends

This is why you can never ever get caught or get a bad rep. We all know about the boy who cried wolf.

 

[lil angel15]

Cousins gets 90 days to dry out
Janet Fife-Yeomans
October 19, 2007 12:00am

FALLEN AFL star Ben Cousins was given a reprieve by a Perth magistrate yesterday and allowed to return to rehab before facing court on the charges.

The sacked West Coast Eagle pledged he would be back after the 90-day adjournment to fight the charges that have ended his career.

While prosecutors did not name the prohibited drug allegedly found in Cousins' car on Tuesday, it is believed to be Diazepam, also sold as Valium, which is illegal without a prescription.

Cousins, 29, was also charged with refusing to take a drugs test when pulled over in his 4WD by police.

Valium is prescribed to curb anxiety in people being treated for drug addiction but can be used to "mask" the side effects of coming down from stimulants such as ecstasy, St Vincent's Hospital emergency director Professor Gordian Fulde said.

Professor Fulde said the drug cocktail found in the body of Cousins' friend and former Eagles star Chris Mainwaring were "indicative of somebody with a major drug problem".

A toxicology report revealed cocaine, ecstasy, cannabis, anti-depressants and the acne drug Roaccutane as well as alcohol were found in Mainwaring's blood when he died on October 1.

Cousins, who had visited Mainwaring's Perth home twice on the night he died, was reported in The West Australian to have immediately provided a blood sample to Eagles' club doctor Rod Moore, who is also Cousins' family doctor.

The sample reportedly cleared Cousins of being back on drugs just months after returning from rehab at a Californian clinic.

However, Eagles CEO Trevor Nisbett has now cast doubt on that.

At an Eagles press conference announcing Cousins had been sacked, Nisbett said he was unaware of any blood test.

Dr Moore refused to comment yesterday and Cousins' lawyer Shane Brennan said he knew only what he had read in the paper.

Meanwhile AFL chief Andrew Demetriou indicated he may review the league's controversial three strikes policy, which has been slammed by the Federal Government as too lenient.

"I don't believe it is policy that has forced Ben Cousins into the situation where he has fallen through the cracks again," Mr Demetriou said.

His court case was adjourned to January 21.

News.com.au

 

[Biscuit]

is believed to be Diazepam, also sold as Valium, which is illegal without a prescription.

That is the statement that is wrong. "Illegal" generally refers to prohibited drugs only, which is why schedule 8 drugs have the label "Controlled drug - possession without authority illegal". Schedule 4 prescriptions are not so described.

In any event he still cannot be charged with the charge that he was, maybe some more minor offence under the Poisons Act or regulations. That the police did not not mention to the court what drug it was is a bit strange, normally the charge would be read first up and that would contain the type of drug. I'd suggest they were srambling and his lawyer gave them a get out of gaol free card by applying for this lengthy adjournment and thereby sweeping any difficulties with the charge under the carpet for 3 months.

 

[lil angel15]

Ben Cousins drug charged to be dropped says lawyer
October 19, 2007 01:00pm

THE drug charge that led to Ben Cousins' sacking from the West Coast Eagles will be dropped, the AFL footballer's lawyer Shane Brennan says.

"I have just been informed by the organised crime squad that the charge of possession of the narcotic will be dropped on Monday morning at nine o'clock," Mr Brennan told Southern Cross Broadcasting today.

Police are yet to confirm the claim, however.

"Their (police) problem stems from the fact that the alleged narcotic isn't a prohibited substance, as I understand it."

The 29-year-old midfielder was charged with possessing a prohibited drug after police pulled him over for driving erratically on Tuesday.

He was also charged with failing to comply with a requirement to undergo a driver assessment.



Cousins has never tested positive for illicit drugs.

But in March this year, he underwent several weeks of drug rehabilitation in the US, returning to Perth in April after agreeing to a zero tolerance clause to testing positive to banned substances.

He also agreed not to fall foul of the law.

The charges this week led to his sacking by the West Coast Eagles on Wednesday.

He appeared in the Perth Magistrate's Court yesterday where the matter was adjourned for three months so that he could return to rehabilitation in the US.

Today, Mr Brennan says Cousins was delighted to learn the charges would be dropped.

"He's as happy as Larry, so would you or I be," Mr Brennan told ABC Radio.

"In essence, the charge was completely misconceived from the start, as I indicated to the media yesterday," he told Southern Cross Broadcasting.

Mr Brennan said Cousins still planned to defend the failure to take the blood test charge.

The lawyer would not comment on how this may affect Cousins' application for a visa to the United States.

Herald Sun

 

[lil angel15]

Viagra, other drugs, found in Cousins' car
October 19, 2007 03:32pm

PRESCRIPTION drugs including diazepam, OxyContin and Viagra were found in the car that former AFL star Ben Cousins was driving when he was arrested, West Australian police say.

WA Assistant Commissioner for Special Crimes, Wayne Gregson, said police had today dropped the one drug possession charge against the sacked West Coast Eagles midfielder on advice from the Director of Public Prosecutions (DPP).

Mr Gregson said a diazepam, or Valium, pill was found on Cousins, but the DPP said it was only a prohibited drug if in a liquid, injectable form.

But he said several other drugs were also found in the car, in which there were also two passengers.

"The following drugs were seized from the vehicle: OxyContin, which is a prohibited drug, diazepam, Viagra ... and a $20 note which preliminary indications and analysis show traces of MDMA, which is ecstasy and cocaine," he said in Perth.

OxyContin is the brand name for oxycodone, an opioid analgesic painkiller.

Cousins, 29, was sacked by the West Coast Eagles on Wednesday, a day after being charged with possessing a prohibited drug.

He was also charged with refusing to take a driver assessment test after being pulled over for allegedly driving erratically.

Cousins appeared briefly in Perth Magistrates Court yesterday, when the case was adjourned for three months so that he could return to drug rehabilitation in the US.

News.com.au

 

[Haki]

News.com.au

Which is ecstasy and cocaine?!?!?

Since when was MDMA suddenly a mix of 'ecstasy and cocaine'..

Am I reading wrong here or is this chap completely uneducated and a very poor pick for commenting anything to do with drug cases?

yas.

 

[Soma24]

Cousins has never tested positive for illicit drugs.

Jesus, and they ended his AFL career?? Seems a bit ridiculous to me

 

[Splatt]

lol MDMA, a mixture of cocaine and ecstasy.. what a fucking retarded journalist. Or a smart one that uses all drugs and has knowledge on them, but uses them so he has to make himself look like most of the media.

 

[Soma24]

heh, I guess if someone put that in front of you, you wouldn't want to go up to your boss and tell them it's incorrect

 

[diztortion]

lol MDMA, a mixture of cocaine and ecstasy.. what a fucking retarded journalist.

The journalist was simply quoting WA Assistant Commissioner for Special Crimes, Wayne Gregson.

 

[yossarian_is_sane!]

^ The error is on the Journo's part here mate or something in between. The Copper said "traces of MDMA, which is ecstacy, and cocaine" good old news.com.au eh?

 

[phase_dancer]

^ agreed.

 

[hoptis]

Ben Cousins caught with $3000 cash in car
By Peter Rolfe, Liam Houlihan and Nicole Cox
October 21, 2007 12:00am

ALMOST $3000 cash was discovered in Ben Cousins' car when it was intercepted by organised crime detectives.

The Sunday Herald Sun understands Cousins and former West Coast Eagle Daniel Chick were caught up in an expansive undercover sting when he was arrested on Tuesday.

It is believed to have included round-the-clock surveillance and mobile phone taps.

The claims come as Cousin's lawyer yesterday accused police of driving a smear campaign against the fallen star to cover up their own incompetence.

And the Federal Government weighed into the drama, demanding the AFL embrace a 'one strike and you're out' drugs policy.

Just days after police announced they would drop a drug possession charge against Cousins:

# AFL greats including Alex Jesaulenko, Jim Stynes, Doug Hawkins and Paul Salmon called for urgent action on drugs in sport.

# RIVAL AFL clubs revealed they were unlikely to draft Cousins if he was allowed to play again.

# HIS lawyer challenged police to charge Cousins if he was guilty of anything but a "minor traffic matter".

# SPORTS marketing experts said Cousins stood to lose up to $8 million, including endorsements, match payments and potential work after his football career.

Detectives seized $2850 in cash in the Toyota Kluger driven by Cousins on Tuesday.

His arrest came after a four-day bender including a wild party at Chick's home, where Cousins had been living on and off since the death of Eagles legend Chris Mainwaring.

A police source said Cousins showed little concern for the possible ramifications of his arrest.

"He was nonchalant - living up to his tattoo (which says 'Such Is Life')."

On Friday, police announced they would drop Cousins' drug possession charge, which related to nine tablets of sedative diazepam allegedly found on him.

Police also discovered the prohibited drug and pain reliever OxyContin, sex enhancer drugs Viagra and Caverta and sedative alprazolam in Cousins' car.

A $20 note with traces of ecstasy and cocaine was allegedly found on a woman in the car.

Police will also allege cocaine, cannabis and drug paraphernalia were found in searches of two properties after the roadside arrest.

Cousins still faces one charge of refusing the driver assessment and will appear in court on January 21 next year.

Cousins' lawyer Shane Brennan launched a scathing attack on the West Australian police.

"If their motives were anything other than to smear and besmirch my client, why have they not already charged him in regards to these matters?" he said.

Mr Brennan said he had advised Cousins to get specialist legal advice on his sacking by the Eagles.

Sunday Herald Sun

 

[Splatt]

Why are they soending so much time on him.., god damn leave him alone.. some benzos.. traces on a note?? god i hate the cops and media (who were prolly payed by a rival football team)

 

[mepat1111]

this whole thing sounds rediculous to me, sounds like the cops are just pulling shit out of mid air to cover up the fact that they screwed up and cost a professional sportsman his career in the process.

 

[hoptis]

Police to review Cousins charge
By Janine MacDonald and Amanda O'Brien
October 22, 2007 12:30am

WEST Australian police have launched an internal review into the charging of ormer West Coast Eagles champion Ben Cousins for possessing a prohibited drug - as the footballer's lawyer accused police of mounting a scurrilous campaign to smear Cousins's reputation.

A police spokesman yesterday told The Australian that Police Commissioner Karl O'Callaghan had ordered the review because the charges had been "shrouded in controversy".

"There was numerous correspondence involving detectives, police prosecutors, police legal services and the DPP," he said.

"Some of it was conflicting. The Commissioner has asked that we have a look at that to see who advised what, to whom, and when."

The review will examine when the initial advice - that the charge was likely to fail - was received.

Director of Public Prosecutions Robert Cock yesterday refused to confirm when his office provided advice to police, saying the information was privileged.

Also yesterday, it was revealed that Eagles's management took a calculated risk to sack Cousins the day after he was charged, after discussing the possibility of a $1 million-plus law suit from the Brownlow Medal winner.

Yesterday the Eagles refused to comment but The Australian understands the club considered there might be legal action even before police announced on Friday the charge would be dropped.

Cousins, who was charged last Tuesday after the car he was driving was pulled over by police, is not expected to appear in court this morning when the charge is formally withdrawn, clearing the way for him to seek a visa to return to the US to continue rehabilitation.

The club still believes Cousins's refusal to co-operate with police over a blood test was sufficient to sack him because it was part of an "accumulation of recent events", and that any efforts to sue will fail.

Cousins's lawyer Shane Brennan has been furious at police for revealing on Friday that impotence drugs were found in the car, humiliating his client, and that police had to be prompted to admit the trace amounts of cocaine and ecstasy were on a $20 note found on a female passenger.

Mr Brennan said the police decision to announce the presence of Viagra and other substances was a scurrilous attempt to besmirch Cousins's character.

Mr Brennan has also accused the Eagles of "precipitous action" in sacking Cousins, and urged the former champion to seek advice from contract lawyers on a possible suit against the club.

"I will advise him, and he may or may not accept, to seek the best counsel to ascertain whether there are any corporates who have breached their duty of care to him," Mr Brennan said.

The decision to drop the charge of possessing a prohibited drug was made after the DPP confirmed that diazepam was only prohibited if in injectable liquid form.

Police are standing by their decision to identify at a press conference the other drugs found in Cousins's car, despite no drug charges being laid.

Cousins was believed to be on a contract worth around $500,000 a year.

News.com.au

 

[Soma24]

If the AFL will let him play again, other clubs would be stupid not to pick him up... you could probably score him for next to nothing now

Hopefully Carlton end up with Chris Judd and Ben Cousins

 

[Verybuffed]

If the AFL will let him play again, other clubs would be stupid not to pick him up... you could probably score him for next to nothing now

Hopefully Carlton end up with Chris Judd and Ben Cousins

I don't know anything about AFL but I'd sign him. That's probably why he has gone back to "rehab" so that he can deal with all the calls from the other clubs.