No DNA evidence

POLICE have dropped a charge against a Leopold man they had accused of using a fake penis to pass urine samples.

Aaron Burnie (pictured) allegedly had the fake penis and a bottle of urine in his bedroom which police claimed he was using to provide clean samples while on bail.

But the Geelong Magistrates’ Court heard yesterday a charge of attempting to pervert the course of justice had been dropped after forensic results proved inconclusive.

His lawyer, Sarah Pratt, is now applying for the Office of Public Prosecutions to pay for Mr Burnie’s legal costs in relation to the charge.

The 28-year-old was arrested on October 9 while on bail for separate offences after he allegedly sped from police and crashed his car in Geelong West.

Officers raided his home later that day and allegedly found drugs in his bedroom, including ice, Xanax tablets and GHB, along with the fake penis and yellow liquid.

In pushing for a costs claim, Ms Pratt said she had been required to represent Mr Burnie in court at a committal mention that was ultimately unnecessary.

She argued the OPP had pursued an “ill-prepared” case after she had raised issues with the DNA process and its capacity to identify Mr Burnie.

But a Crown prosecutor said the OPP was entitled to lay the charge and argued its actions were “not unreasonable”.

Magistrate Michael Coghlan said there “seems to be some merit” in Ms Pratt’s argument, but added she needed to provide more evidence if an order was to be made.

He adjourned the case until later this year. Mr Burnie is still facing nine charges including dangerous driving while being pursued by police and dealing with property suspected to be the proceeds of crime.

As a teenager, Mr Burnie was a promising young boxer who fought in the heavyweight division.