Man who claimed $50k worth of drugs was for personal use convicted of trafficking

Posted October 04, 2017 17:15:24

A Canberra man who claimed large quantities of cocaine, ice and MDMA found at his house were for personal use, has been convicted of drug trafficking in the ACT Supreme Court.

Mohamed Nchuki, 36, told the court he had attention deficit disorder (ADD or ADHD) and took the drugs because that helped him focus on running his business.

During a raid on his Chisolm home in 2014, police also found $50,000 worth of drugs along with cash, clip-seal bags and scales.

The drugs included 137 grams of cocaine — about 22 times the trafficable amount — and 57.28g of methylamphetamines or ice – about 10 times the trafficable amount.

Police also seized 19g of MDMA.

Most of the drugs were found in Nchuki’s car and in a fridge inside a locked office in the garden.

Police also found a flick knife inside the pocket of Nchuki’s trousers and two Taser-like devices in a bag with drugs in his car.

Nchuki told police he found the Tasers on a building site and they had stopped working.

The key issue in the case was not whether Nchuki had the drugs, but whether he planned to sell them.

Justice David Robinson said not all of the evidence was against Nchuki.

“The examinations of his telephone, iPad and computer revealed everyday activity,” he said.

“There was no unexplained wealth or lifestyle.”

But he found Nchuki was not a credible witness and his explanations were not convincing.

“Before me the accused was not attempting to answer the questions put in cross examination honestly and in a straightforward manner,” Justice Robinson said.

He found Nchuki had tailored some of his answers to fit the facts put forward by the prosecution to support his claim the drugs were for personal use.

Justice Robinson convicted Nchuki for trafficking in cocaine, MDMA and ice, possessing two prohibited Taser-like devices and a final charge of possessing the flick knife, to which Nchuki had pleaded guilty.

It is not known when he will be sentenced.

Topics: courts-and-trials, drug-offences, canberra-2600, act