In August 2022 our client was pulled over by Ballina police due to a report of dangerous driving. Upon being pulled over, our client’s car was searched. The police stated the reason for searching the car was because of police intelligence that the car and our client were known for drug supply in the area.

Upon police searching the car, $30,000 and a bottle of Xanax tablets were found.

Our client was charged with possess prohibited drug for the Xanax, which is an offence against section 10(1) of the Drug Misuse and Trafficking Act, and goods in custody suspected of being stolen for the $30,000, which is an offence against section 527c(1)(A) of the Crimes Act 1900.

Our client engaged Hanna Legal and denied ever being involved in drug supply and that the search of his vehicle was unlawful. In October 2022 our client pleaded not guilty, and the case was listed for a defended hearing.

In May 2023, prior to the hearing, Hanna Legal issued a subpoena against the NSW Police. The subpoena required the Police to provide the defence with all of the police intelligence that led to the officer being suspicious of our client and resulting in the car being searched. The basis for this subpoena was to determine whether the search of our client’s car was lawful. 

The police objected to providing these documents to the defence. However, our criminal lawyer continued to pressure the police into providing the documents requested in the subpoena. 

We were due to receive the documents on the day of the hearing. However, the day before the hearing NSW Police confirmed that they were withdrawing both charges against our client. 

Our client was then able to have the $30,000 returned to him.