Chontelle Brown and Beau Graham back when they were still a couple.
Chontelle Brown and Beau Graham back when they were still a couple. Facebook

Raid uncovers huge haul of drugs, gun at couple's home

A MAN narrowly has avoided having his charges sent to the district court for sentencing after a magistrate inferred the evidence provided by police indicated 60 MDMA tablets were for commercial use.

Beau Anthony Graham, 22, had pleaded guilty to 12 charges in the Rockhampton Magistrates Court including drug possession charges for MDMA, diazepam, cannabis, steroids and testosterone.

Other charges included possession of $1850 suspected to be proceeds of drug sales and drug utensils along with firearms and ammunition possession.

The charges relate to searches of vehicles, sheds and houses on three separate occasions.

Magistrate Cameron Press questioned early in the proceedings if the possession of 60 MDMA, or ecstasy, tablets was within the magistrates jurisdiction or needed to be sent to a higher court.

Graham's defence lawyer Axel Beard pointed to a Supreme Court decision about how such a large number of pills could stay in magistrates jurisdiction if there was no commercialism alleged, but it was also up to the magistrate to decide.

After hearing the facts from police prosecution, Mr Press asked what other inference he could come to.

"What other inference could I possibly draw from someone who.... appears in court on September 9 charged with MDMA and other drug paraphernalia... now also charged with having proceeds of drug ($1850). Then on September 22, less than 14 days afterwards, he was caught with 60 pills of MDMA on his person?" Mr Press said.

"While commerciality isn't alleged.... I would have to be stupid to not make that inference."

The court heard Graham only admitted to the 60 MDMA pills possession, along with three other charges from September 22, eight months after a search warrant was executed on his now former fiancee's Kawana home where police uncovered the drugs, firearm and ammunition.

His former fiancee, Chontelle Brown, appeared in court later the same day on drug charges.

Mr Beard said Graham's drug use was so off the rails that he was taking four to six MDMA tablets four times a week and using steroids for 10 weeks at a time.

He said his client claimed he found the weapons and ammunition at Byfield days prior to the October 18 charges for weapons and ammunition and didn't know what to do with them.

Mr Press pulled Mr Beard up over this claim, pointing towards the ammunition found on the kitchen table at the Kawana house in September.

"Lying is part of the human fabric and is encumbered of solicitors to test what their clients tell them," he said.

As Mr Press sentenced Graham to a six-month prison term with immediate parole, he reiterated his suspicions - "there's a strong whiff here of drug commerciality."

Brown pleaded guilty to possessing 3.08 grams of pure meth (or 5.5grams in tablet form), 1.5 grams of cannabis, clenbuterol (used by athletes to burn fat) and a syringe not properly disposed of.

Her lawyer, Pierre Lammersdorf, said she was introduced to drugs by her now former fiance.

Mr Press sentenced Brown to a nine-month prison term for the meth, suspended immediately.

He ordered both Graham and Brown serve probation - two years and 18-months respectively.



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