A MAN accused of supplying meth claimed he was intoxicated at the time police questioned him and asked for the interview to be excluded from evidence in the case against him.
But the district court has rejected this.
Ronald Sydney Charles Bowers allegedly sold meth to another person at Redbank on January 15 this year.
When police searched him in the early hours of January 16 they allegedly found meth hidden in his underpants.
In conversations that were recorded, he allegedly admitted to police that he wanted to sell the meth for about $200 to $300.
Mr Bowers claimed the police did not take into account his Aboriginality or how he was under the influence of meth when they interviewed him, which he said breached the police powers and responsibility laws.
In her judgment handed down recently, Judge Sarah Bradley said evidence showed four police officers did not know about Mr Bowers's Aboriginality at the time.
Police did not ask Mr Bowers about his ethnicity but officers did not suspect he was disadvantaged and Judge Bradley said the Police Powers and Responsibilities Act was therefore not breached.
Judge Bradley also said evidence showed Mr Bowers gave clear, responsive answers to the police officers' questions and police did not believe Mr Bowers was under the influence.
"He enunciated clearly and appeared to understand both the questions and the explanations given to him of his rights," she said.
Judge Bradley said there was no reason to exclude the recordings of police interviews with Mr Bowers and said the evidence should be allowed to be used.
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