Drugs charge man spared jail as judge criticises plea deal
A MAN caught with 11g of cocaine and thousands of pounds cash was spared jail after the Crown Prosecution Service accepted his claim that he bought the drugs to share with friends.
David Walker, now of Banks Road, Banks, told prosecutors that he was not a street dealer, but instead bought cocaine in bulk to use socially.
He pleaded guilty to possession with intent to supply, but on the basis that he was not involved in selling commercially, and to a charge of possession of ketamine in relation to a “personal use” amount at his home.
A CPS reviewing lawyer accepted his basis of plea despite the amounts of drugs and money involved and police being unable to access two mobile phones found in his car, prompting Judge David Aubrey QC to comment that “it just doesn’t make any sense”.
Prosecuting, Simon Duncan told Liverpool Crown Court that Walker had been arrested on November 23, 2018 but did not appear in court for more than a year due to delays by a third party used by the police to analyse the drugs and by the police’s inability to gain access to the phones.
Officers stopped
Walker, 30, when he appeared to be speeding in Birkdale and while they pulled him over, they noticed a man appear to be walking towards the car but then turn around once he got closer.
They let Walker go but suspected drug dealing was likely and drove around to find the man and soon observed him visit Walker’s car for about 30 seconds before leaving.
They stopped Walker again to investigate.
Mr Duncan said: “He was agitated when he was being searched by police. They found four wraps of cocaine in his waistband, a further two wraps were found in his car.”
Walker initially gave officers his grandparents’ address, but eventually gave his real address, a flat in Queens Road, Southport, where a search uncovered a further 18 wraps of cocaine and more than £3,500 in cash in addition to the £219 found in the car.
During a police interview, he made no comment.
A hearing on Wednesday, February 5 was adjourned for two days when Walker offered PIN codes for one phone, while claiming that the other belonged to the man who visited his car.
Adjourning the hearing, Judge Aubrey said: “I want to know how on Earth, without more information, how anyone could have accepted this basis of plea. It just doesn’t begin to make any sense.”
At the rearranged hearing on Friday, Judge Aubrey and Mr Duncan agreed they must proceed with the basis of plea being accepted, despite Mr Duncan saying that “it’s not a basis of plea that I would have accepted” and that “all evidence points towards street dealing”.
Defending, Simon Christie said Walker had served in the Armed Forces until 2017 and had been in employment since.
He sought help from a drug recovery agency after his arrest and has been drug-free for several months.
Mr Christie said: “It’s a brave defendant who looks into himself and sees there’s a problem to be resolved.”
He added: “In the year gone, the anxiety of what was to come has weighed down heavily on him and his family.”
Sentencing, Judge Aubrey said: “It inevitably leads to questions as to whether you were involved in sales of these Class A drugs on a commercial basis.
“You submitted a basis of plea to the Crown and the Crown accepted it.
You will be sentenced in accordance with your basis of plea.”
Walker was given a 16-month suspended sentence.