Record of interview excluded - Drug trafficking charge dropped

Alan Phillips represented a client who was charged with trafficking in dangerous drugs in the Bundaberg region. He was intercepted with approximately $5000 cash in his backpack and smaller quantities of dangerous drugs. Police conducted an interview with him, in which he made admissions to trafficking in dangerous drugs. 

The client instructed our office that he was induced to participate in the interview, as the police gave back nearly all of the cash, and promised him bail for participating in the interview, despite his extensive criminal history and being on a suspended sentence at the time. 

Our office instructed Counsel at a pre-trial hearing in the Supreme Court, arguing that the record of interview should be excluded from the evidence able to be led against him at trial. We were successful in having the interview excluded, and the drug trafficking charge was discontinued, allowing him to be sentenced on the remaining offences and released on the day of his sentence.