Chocolate blamed for positive drug test

A MAN claimed his mouth was “contaminated” with ice when his drug-affected passenger fed him chocolate Maltesers in front of police.

Eric Barry Ryan returned a positive roadside test when officers pulled his vehicle over at Molendinar on October 31, 2018.

Ryan, who claimed he had “encountered all sorts of trouble” through the dating scene following a split from his wife, had his car searched by police. They found 0.03g of ice and a suspected drug utensil.

Queensland Police Service policy states if a positive result is returned a second saliva test will be conducted. Ryan did not comply with the second test back at the station.

He pleaded guilty in the Southport Magistrates’ Court on Thursday to possession of dangerous drugs, failing to provide specimen of breath for analysis or blood for testing on requirement, and a related charge.

Ryan, who self-represented after his lawyer withdrew earlier in the day, said his passenger “contaminated” his mouth.

“When the police approached my vehicle (the passenger) was actually feeding me Maltesers,” Ryan said.

“(The passenger’s) behaviour in the police statement was that she was behaving in a bizarre fashion, which is indicative of being a drug user.

“It was a very reasonable conclusion that my mouth was contaminated. As soon as the police saw that happening they stopped me immediately and the test was done after that.”

He said it was a surprise drugs were found in the car.

Magistrate Pamela Dowse placed Ryan on a $100 threemonth good behaviour bond for the drug offences and ordered he undergo drug diversion.

His licence was disqualified for six months and he was fined $400.

No conviction was recorded.