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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.
80 Minutes, 15 Positions, No Protection, Wanna Ruck?
Ruck Me, Maul Me, Make Me Scrum!
Education is Important, but Rugby is Importanter!
now ive gotta change my avatar again
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?
C'mon the![]()
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Chuck Norris has the greatest Poker-Face of all time. He won the 1983 World Series of Poker, despite holding only a Joker, a Get out of Jail Free Monopoly card, a 2 of clubs, 7 of spades and a green #4 card from the game Uno.
Will he sue the team for letting him go without go reason?
nah .. he made national headlines for a reason
Chuck Norris has the greatest Poker-Face of all time. He won the 1983 World Series of Poker, despite holding only a Joker, a Get out of Jail Free Monopoly card, a 2 of clubs, 7 of spades and a green #4 card from the game Uno.
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.
C'mon the![]()
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"falling foul" was the term, refusing the test is enough for them.
80 Minutes, 15 Positions, No Protection, Wanna Ruck?
Ruck Me, Maul Me, Make Me Scrum!
Education is Important, but Rugby is Importanter!
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...
"Remember lads, rugby is a team game; all 14 of you make sure you pass the ball to Giteau."
too late now. hes still sacked...
They'll still ping him for refusing the blood test i would imagine
or for being a complete wanker and laughing stock of the sporting world of australia
Chuck Norris has the greatest Poker-Face of all time. He won the 1983 World Series of Poker, despite holding only a Joker, a Get out of Jail Free Monopoly card, a 2 of clubs, 7 of spades and a green #4 card from the game Uno.
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.