poledriver
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Top prosecutor says punters not legally protected by pill testing programs at music festivals
ONE OF Australia’s top silks says people who run and use pill testing programs at music festivals could be arrested, unless the government changes the law or develops an agreement with police similar to the policy it has with legal injection centres.
These comments come as NSW Premier Mike Baird reiterated his stance against pill testing yesterday, while the organisers of popular festival Stereosonic say they would support a testing program.
Mr Baird says the government would not use “taxpayer funded dollars” towards “supporting illegal drug dealers”.
“What they are asking us to do is to allow illegal drugs,” Mr Baird told Sunrise on Wednesday morning.
“Don’t take the pills and you’ll be fine. That is the best form of safety you can do,” he said.
Former NSW Director of Public Prosecutions Nicholas Cowdery, who is currently an adjunct professor at the Sydney Institute of Criminology, says if police enforce laws correctly any illegal drug user or tester is “liable to arrest and prosecution”.
“The simple fact is that anyone possessing or supplying a prohibited drug, for pill testing purposes or otherwise, commits a criminal offence,” he told news.com.au.
For the pill testing program to work, police would need to introduce a policy where they don’t arrest people in and around the test facilities.
At the one medically supervised injection centre in Australia, in Kings Cross, there is an agreement with police that people entering the centre won’t be stopped for drug offences.
“Of course, they are all carrying illegally obtained prohibited drugs that they want to inject,” said Mr Cowdery.
“A police officer outside could, in the ordinary discharge of duty, have a reasonable suspicion of that and move in to arrest. But they don’t, because of this protocol. Nor do they enter the centre to investigate for drugs.”
Earlier this week, Deputy NSW Premier Troy Grant said those offering to set up the pill testing program, including emergency medical specialist Dr David Caldicott and president of the Australian Drug Law Reform Foundation Dr Alex Wodak, could be arrested for supplying drugs and manslaughter, if their program went ahead.
“If these [tested] pills go wrong and kill someone, they may well be vulnerable to manslaughter charges,” Mr Grant told 2UE.
Dr Wodak, who committed an act of “civil disobedience” in 1999 when he set up an injection centre called the Tolerance Room in Kings Cross, says he knows he’s taking a risk.
“When we were setting up the injection centre, there were those same threats. I was terrified. Of course I was worried I was going to be arrested,” he told news.com.au.
His colleague Reverand Ray Richmond, the Wayside Chapel landlord, was arrested in 1999, but the charges were later dropped.
NSW psychologist Bruce Duffey was arrested in 2000 on a charge of holding out, or advertising, a premises for the unlawful administration of prohibited drugs. Three drug users were also arrested at the time.
“These matters were heard in court and the magistrate dismissed the four charges with contempt, meaning that they should never have been put forward,” Dr Wodak said.
He is currently consulting with some of the country’s top lawyers on how to protect those who run the testing programs and the drug users who use them.
According to documents obtained by The Guardian, NSW police were advised by their lawyers in 2005 that pill testing is unlikely to breach NSW drug possession and supply lawyers.
The advice in the 2005 federal Department of Health and Ageing report concluded it was unlikely a person conducting pill testing could be found guilty of supplying or possessing an illegal drug.
Johnboy Davidson from the pill reviewing website PillReports.net set up pill testing programs at music festivals in Victoria and South Australia between 2000 and 2006.
He says people lined up “in their hundreds” to have their drugs tested.
“People want to know [what’s in their drugs]. Most of the time when you give them bad information they don’t take the drugs,” he said.
“If I say ‘I’m guaranteeing this stuff will damage your organs and you could die’, as if someone would still take it?
“These people are already going to these festivals carrying drugs. They’re already taking a risk. If they’ve got that far, they’re prepared to have their drugs tested.”
Calls for pill testing programs have been reignited after several drug-related deaths at music festivals in Australia.
Sydney pharmacist Sylvia Choi, 25, and 19-year-old Adelaide man Stefan Woodward died within a week of each other at different Stereosonic concerts last year.
http://www.news.com.au/lifestyle/re...s/news-story/effe9887ce40ec2144488d7f3b970193
ONE OF Australia’s top silks says people who run and use pill testing programs at music festivals could be arrested, unless the government changes the law or develops an agreement with police similar to the policy it has with legal injection centres.
These comments come as NSW Premier Mike Baird reiterated his stance against pill testing yesterday, while the organisers of popular festival Stereosonic say they would support a testing program.
Mr Baird says the government would not use “taxpayer funded dollars” towards “supporting illegal drug dealers”.
“What they are asking us to do is to allow illegal drugs,” Mr Baird told Sunrise on Wednesday morning.
“Don’t take the pills and you’ll be fine. That is the best form of safety you can do,” he said.
Former NSW Director of Public Prosecutions Nicholas Cowdery, who is currently an adjunct professor at the Sydney Institute of Criminology, says if police enforce laws correctly any illegal drug user or tester is “liable to arrest and prosecution”.
“The simple fact is that anyone possessing or supplying a prohibited drug, for pill testing purposes or otherwise, commits a criminal offence,” he told news.com.au.
For the pill testing program to work, police would need to introduce a policy where they don’t arrest people in and around the test facilities.
At the one medically supervised injection centre in Australia, in Kings Cross, there is an agreement with police that people entering the centre won’t be stopped for drug offences.
“Of course, they are all carrying illegally obtained prohibited drugs that they want to inject,” said Mr Cowdery.
“A police officer outside could, in the ordinary discharge of duty, have a reasonable suspicion of that and move in to arrest. But they don’t, because of this protocol. Nor do they enter the centre to investigate for drugs.”
Earlier this week, Deputy NSW Premier Troy Grant said those offering to set up the pill testing program, including emergency medical specialist Dr David Caldicott and president of the Australian Drug Law Reform Foundation Dr Alex Wodak, could be arrested for supplying drugs and manslaughter, if their program went ahead.
“If these [tested] pills go wrong and kill someone, they may well be vulnerable to manslaughter charges,” Mr Grant told 2UE.
Dr Wodak, who committed an act of “civil disobedience” in 1999 when he set up an injection centre called the Tolerance Room in Kings Cross, says he knows he’s taking a risk.
“When we were setting up the injection centre, there were those same threats. I was terrified. Of course I was worried I was going to be arrested,” he told news.com.au.
His colleague Reverand Ray Richmond, the Wayside Chapel landlord, was arrested in 1999, but the charges were later dropped.
NSW psychologist Bruce Duffey was arrested in 2000 on a charge of holding out, or advertising, a premises for the unlawful administration of prohibited drugs. Three drug users were also arrested at the time.
“These matters were heard in court and the magistrate dismissed the four charges with contempt, meaning that they should never have been put forward,” Dr Wodak said.
He is currently consulting with some of the country’s top lawyers on how to protect those who run the testing programs and the drug users who use them.
According to documents obtained by The Guardian, NSW police were advised by their lawyers in 2005 that pill testing is unlikely to breach NSW drug possession and supply lawyers.
The advice in the 2005 federal Department of Health and Ageing report concluded it was unlikely a person conducting pill testing could be found guilty of supplying or possessing an illegal drug.
Johnboy Davidson from the pill reviewing website PillReports.net set up pill testing programs at music festivals in Victoria and South Australia between 2000 and 2006.
He says people lined up “in their hundreds” to have their drugs tested.
“People want to know [what’s in their drugs]. Most of the time when you give them bad information they don’t take the drugs,” he said.
“If I say ‘I’m guaranteeing this stuff will damage your organs and you could die’, as if someone would still take it?
“These people are already going to these festivals carrying drugs. They’re already taking a risk. If they’ve got that far, they’re prepared to have their drugs tested.”
Calls for pill testing programs have been reignited after several drug-related deaths at music festivals in Australia.
Sydney pharmacist Sylvia Choi, 25, and 19-year-old Adelaide man Stefan Woodward died within a week of each other at different Stereosonic concerts last year.
http://www.news.com.au/lifestyle/re...s/news-story/effe9887ce40ec2144488d7f3b970193