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Thread: Cousins drug charge to be dropped: lawyer

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    Immortal Contributor The InnFORCEr's Avatar
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    Cousins drug charge to be dropped: lawyer

    19th October 2007, 11:00 WST

    The drug charge that led to Ben Cousins sacking from the West Coast Eagles will be dropped, the AFL footballer's lawyer Shane Brennan says.

    I have just been informed by the organised crime squad that the charge of possession of the narcotic will be dropped on Monday morning at nine o'clock, Mr Brennan told Southern Cross Broadcasting today.

    Their (police) problem stems from the fact that the alleged narcotic isn't a prohibited substance, as I understand it.

    The 29-year-old midfielder was charged with possessing a prohibited drug after police pulled him over for driving erratically on Tuesday.

    He was also charged with failing to comply with a requirement to undergo a driver assessment.

    Cousins has never tested positive for illicit drugs.

    But in March this year, he underwent several weeks of drug rehabilitation in the US, returning to Perth in April after agreeing to a zero tolerance clause to testing positive to banned substances.

    He also agreed not to fall foul of the law.

    The charges this week led to his sacking by the West Coast Eagles on Wednesday.

    He appeared in the Perth Magistrate's Court yesterday where the matter was adjourned for three months so that he could return to rehabilitation in the US.

    Today, Mr Brennan says Cousins was delighted to learn the charges would be dropped.

    He's as happy as Larry, so would you or I be, Mr Brennan told ABC Radio.

    In essence, the charge was completely misconceived from the start, as I indicated to the media yesterday, he told Southern Cross Broadcasting.

    Mr Brennan said Cousins still planned to defend the failure to take a driver assessment charge.

    The lawyer would not comment on how this may affect Cousins application for a visa to the United States.

    West Coast chairman-elect Mark Barnaba told ABC Radio dropping the charge against Cousins would not change the club's decision to sack their former captain.

    I haven't had (the news) confirmed, but if it is true that's great for Ben, Mr Barnaba told ABC radio.

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    Champion RuckNMaul's Avatar
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    now ive gotta change my avatar again

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    Immortal GIGS20's Avatar
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    Nope, He's still sacked, but he has apparently never ever used any illicit drugs either.

    It's all a misunderstanding!

    This all makes sense because he doesn't look like a coked up loser, does he?

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    Veteran Contributor LarryNJ's Avatar
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    Will he sue the team for letting him go without go reason?

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    nah .. he made national headlines for a reason

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    Immortal GIGS20's Avatar
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    The contract seemed to involve a clause about keeping clear of police. I would guess there's some legal-speak in there about avoiding a charge, not just a conviction.

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    Immortal Contributor The InnFORCEr's Avatar
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    "falling foul" was the term, refusing the test is enough for them.

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    Quote Originally Posted by The InnFORCEr View Post
    "falling foul" was the term, refusing the test is enough for them.

    "falling foul"....is that like a feathered version of a Drop Bear?

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    Champion Contributor Jehna's Avatar
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    Hahah TG

    Regardless of whether or not Cousins is convicted he is still in breach of contract. The relevant clauses point to behaviour which brings the club and code into disrepute...and then outlines specifics for drug related, alcohol related and violence related actions. It's quite well drafted actually - ambiguous enough to argue either way depending on whether you want to sack a player or not.

    Brennan is quite an incredible lawyer...his ability to 'play the game' is just mind boggling...

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    Immortal Contributor jono's Avatar
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    too late now. hes still sacked...

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    Immortal jargan83's Avatar
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    They'll still ping him for refusing the blood test i would imagine

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    or for being a complete wanker and laughing stock of the sporting world of australia

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    Immortal GIGS20's Avatar
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    Quote Originally Posted by Happy View Post
    or for being a complete wanker and laughing stock of the sporting world of australia
    Can any of the legal types please put this in contract speak for me. That could come in useful to use against management in my next contract negotiation.

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    Legend Contributor fulvio sammut's Avatar
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    Jenha,outside of the Road Traffic Act and the deeming clauses contained in it (which are irrelevant in the context of contract interpretation in my view), how can a charge of refusing to undergo a specimen test be considered alcohol related or drug related, especially prior to conviction? Is there now a common law presumption that failure to undergo a test is an admission of drug or alcohol abuse?

    If I were Cousins I would be suing the pants off the West Coast Eagles in these circumstances.

    Oops, sorry, I forget that in Howard's Australia workers have no rights.

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