The father of a 23-year-old guilty of drug trafficking at Rainbow Serpent Festival says he has “absolute disdain” for music festivals which foster drug culture.
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Seven people have faced Ballarat Magistrates Court on drug charges related to Lexton’s Rainbow Serpent Festival on Tuesday.
Edithvale man Kurtis Smith, 23, was sentenced to three months imprisonment and a 24-month community corrections order after pleading guilty to trafficking ketamine and ecstasy at the music festival.
His father, who gave evidence to the court, said events like Rainbow Serpent “provide too much opportunity” for drug activity, and every time there’s a death at a music festival due to drugs, he sends his son the news article.
“Trafficking is a surprise at those levels, but his social use has always been a thorn in our side,” the man’s father said.
“I understand why the community is wanting action on this ... people are dying on the way to and at these events, and the consequences are quite horrible.
“But he is young, he has his whole life ahead of him, and could be a significant contributor to the community. This will be a serious wake up call.”
Sitting in the dock in a long-sleeved stripey shirt, Smith wiped away tears while listening to his father describe how his family had struggled with the young man's drug use.
Police prosecutor Leading Senior Constable Lisa Schoemaker said police were patrolling near a music festival stage, and at 1.05am observed 23-year-old Smith remove a substance from his bag and snort it.
Smith ran off when police attempted to speak to him, before being caught and arrested. The court heard when searched, the Edithvale man was carrying seven ziplock bags containing 0.5 grams of ketamine, one bag with 0.25 grams of ketamine, one gram of cocaine and 22 ecstasy capsules with 0.1 grams of the substance in each.
When asked if he had drugs at his campsite, Smith said he did. Police then undertook a search of the man’s tent in the festival campground, where they found 20 ziplock bags of 0.5 grams of ketamine, three bags of cocaine containing one gram each, four blue valium tablets, five white dextroamphetamine tablets, one blue ecstasy pill and 77 ecstasy capsules containing 0.1 grams.
“That’s 99 ecstasy overdoses – potentially fatal – right there,” Leading Senior Constable Schoemaker told the court.
Smith’s defence lawyer Melanie Rudolphus said during his community corrections order assessment, her client said this was a “cry for help, and he felt relieved he'd been caught”.
“He's probably the one (of my clients) that's shown the most remorse of the young men who have be in custody today,” she said.
“He has strong prospects for rehabilitation and strong family support.”
Magistrate Gregory Robinson told the court Smith was a “member of the cohort of youth that for whatever reason think use of these drugs is something they can get away with and brush off the consequences”.
“For Mr Smith to possess that amount, we’re dealing with serious organised criminal gangs or people for him to have come into that quantity,” he said.
“There are grave social consequences to that drug use, and serious health effects, and in recent months drugs have lead to deaths in this county.
“If it were not for people like Mr Smith the drug crime world would not be able to pursue that trade … and if drugs were not part of the equation, there would be very little work for this court to do.
“But he clearly has the support of his family and good prospects of ultimately leading a useful life within the community.”
Nineteen-year-old guilty of trafficking just wanted to ‘earn some extra money’
Ringwood man Max Hayes, 19, pleaded guilty to drug trafficking on Tuesday
On 25 January, the Ringwood man was seen by police at 7.12pm snorting a powdered substance into his nose. He was arrested and searched, and was carrying 37 ziplock bags containing 18.21 grams of amphetamine in total, and 40 ecstasy tablets.
Leading Senior Constable Schoemaker said he was also in possession of another 40 ziplock bags of ketamine weighing 17.1 grams in total and $164 in cash.
“Hayes made full admissions to trafficking and using all of those three drugs, and said he went there with the drugs for the purpose of using some and earning some extra money,” she said.
The 19-year-old’s defence lawyer Ms Rudolphus argued against jail time for her client, stating that his age meant rehabilitation was preferable to going to a prison which “corrupts and damages”.
“He’s spent a few days in custody, and that's quite significant for someone with no priors and no interactions with the justice system before this,” she said.
Magistrate Robinson told the court he was considering a term of imprisonment for Hayes. He was assessed suitable for a community corrections order, and will be considered for a youth training centre on Wednesday, before returning to Ballarat Magistrates Court.
Hayes was supported in court by his mother.
20-year-old swaps ketamine for a $50 dollar note
Another festival-goer, 20-year-old Zac Mangion, pleaded guilty of trafficking ketamine.
The police prosecutor told the court police saw a man at the festival asking where he could find ketamine on January 28. The unknown man then approached Mangion and they had a “brief chat”.
“The male handed over a $50 note, and in exchange, the accused gave him a small white bag containing a substance. Police observed this transaction,” Leading Senior Constable Schoemaker said.
When police apprehended the 21-year-old and took him into the compound area, he was carrying two ziplock bags, one empty and one containing 1.1 grams of ketamine. He had $352 in his bag.
“He couldn’t offer any reason as to why he sold it, but admitted to possessing and using it. He did make full admissions to selling it to this unknown male,” she said.
Mangion received a community corrections order, and will have to carry out 150 hours of community service.
Another alleged drug trafficker, Lachlan Deberg, was refused bail on Tuesday as he posed an “unacceptable risk to the community” according to the police prosecutor. Deberg was remanded in custody and will appear in Ballarat Magistrates Court in March.
French national Pénélope Tarrit was remanded in custody on alleged drug charges and will return to court later this week.